§ 8.01-438 — When judgment confessed by attorney-in-fact copy to be served on judgment debtor

Virginia § 8.01-438

• Jurisdiction: Virginia
• Title 8.01: Civil Remedies and Procedure
• Ch. 17: JUDGMENTS AND DECREES GENERALLY
• Art. 2: JUDGMENTS BY CONFESSION

Text

If a judgment is confessed by an attorney-in-fact, it shall be the duty of the clerk within ten days from the entry thereof to cause to be served upon the judgment debtor a certified copy of the order so entered in the common-law order book, to which order shall be appended a notice setting forth the provisions of § 8.01-433. The officer who serves the order shall make return thereof within ten days after service to the clerk. The clerk shall promptly file the order with the papers in the case. The failure to serve a copy of the order within sixty days from the date of entry thereof shall render the judgment void as to any debtor not so served.

Service of a copy of the order on a nonresident judgment debtor by an officer of the county or city of his residence, authorized by law to serve processes therein, or by the clerk of the court sending a copy of the order by registered or certified mail to such nonresident judgment debtor at his last known post-office address and the filing of a certificate with the papers in the case showing that such has been done or of a receipt showing the receipt of such letter by such nonresident judgment debtor, shall be deemed sufficient service thereof for the purposes of this section.

Legislative History

Code 1950, § 8-362; 1972, c. 611; 1976, c. 617; 1988, c. 420.