{"law_id":"792705","section_number":"8.01-433","catch_line":"Setting aside judgments confessed under \u00a7 8.01-432","history":"Code 1950, \u00a7 8-357; 1977, c. 617.","order_by":null,"metadata":false,"court_decisions":{"0":{"name":"Hardesty v. Hardesty","case_number":"0366022","citation":"581 S.E.2d 213","date":"2003-05-27","url":"https:\/\/www.courtlistener.com\/opinion\/1064216\/hardesty-v-hardesty\/","abstract":" .\u202f.\u202f. the word \"merchantability\"); Code \u00a7 8.01-433.1 (requiring contracts authorizing confession \u2026 the .\u202f.\u202f. ","court_html":"COA<\/abbr>"},"1":{"name":"Harris v. Tabler","case_number":"Record No. 831319","citation":"348 S.E.2d 241","date":"1986-09-05","url":"https:\/\/www.courtlistener.com\/opinion\/1341888\/harris-v-tabler\/","abstract":" .\u202f.\u202f. .\u202f.\u202f. ","court_html":"SCV<\/abbr>"},"2":{"name":"Safrin v. Travaini Pumps USA, Inc.","case_number":"041994","citation":"611 S.E.2d 352","date":"2005-04-22","url":"https:\/\/www.courtlistener.com\/opinion\/1058963\/safrin-v-travaini-pumps-usa-inc\/","abstract":" .\u202f.\u202f. proceedings. .\u202f.\u202f. ","court_html":"SCV<\/abbr>"}},"official_url":"http:\/\/law.lis.virginia.gov\/vacode\/8.01-433\/","refers_to":[{"id":"777854","section_number":"8.01-432","catch_line":"Confession of judgment irrespective of suit pending","url":"\/8.01-432\/"}],"url":"\/8.01-433\/","token":"8.01\/17\/2\/8.01-433","structure":{"1":{"id":"1555","name":"Judgments By Confession","identifier":"2","label":"article","url":"\/8.01\/17\/2\/"},"2":{"id":"974","name":"Judgments And Decrees Generally","identifier":"17","label":"chapter","url":"\/8.01\/17\/"},"3":{"id":"52","name":"Civil Remedies And Procedure","identifier":"8.01","label":"title","url":"\/8.01\/"}},"referred_to_by":[{"id":"792705","section_number":"8.01-433","catch_line":"Setting aside judgments confessed under \u00a7 8.01-432","url":"\/8.01-433\/"},{"id":"784988","section_number":"8.01-434","catch_line":"Lien of such judgments","url":"\/8.01-434\/"},{"id":"770896","section_number":"8.01-435","catch_line":"Who may confess judgment","url":"\/8.01-435\/"}],"edition_id":"11","section_id":"792705","structure_id":"1555","full_text":"Any judgment confessed under the provisions of \u00a7 8.01-432 may be set aside or reduced upon motion of the judgment debtor made within twenty-one days following notice to him that such judgment has been entered against him, and after twenty-one days notice to the judgment creditor or creditors for whom the judgment was confessed, on any ground which would have been an adequate defense or setoff in an action at law instituted upon the judgment creditor’s note, bond or other evidence of debt upon which such judgment was confessed. Whenever any such judgment is set aside or modified the case shall be placed on the trial docket of the court, and the proceedings thereon shall thereafter be the same as if an action at law had been instituted upon the bond, note or other evidence of debt upon which judgment was confessed. After such case is so docketed the court shall make such order as to the pleadings, future proceedings and costs as to the court may seem just.","text":{"0":{"id":"2558454","text":"Any judgment confessed under the provisions of \u00a7 8.01-432 may be set aside or reduced upon motion of the judgment debtor made within twenty-one days following notice to him that such judgment has been entered against him, and after twenty-one days notice to the judgment creditor or creditors for whom the judgment was confessed, on any ground which would have been an adequate defense or setoff in an action at law instituted upon the judgment creditor’s note, bond or other evidence of debt upon which such judgment was confessed. Whenever any such judgment is set aside or modified the case shall be placed on the trial docket of the court, and the proceedings thereon shall thereafter be the same as if an action at law had been instituted upon the bond, note or other evidence of debt upon which judgment was confessed. After such case is so docketed the court shall make such order as to the pleadings, future proceedings and costs as to the court may seem just.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":{"1":{"id":"1555","name":"Judgments By Confession","identifier":"2","label":"article","url":"\/8.01\/17\/2\/"},"2":{"id":"974","name":"Judgments And Decrees Generally","identifier":"17","label":"chapter","url":"\/8.01\/17\/"},"3":{"id":"52","name":"Civil Remedies And Procedure","identifier":"8.01","label":"title","url":"\/8.01\/"}},"structure_contents":{"0":{"id":"795550","structure_id":"1555","section_number":"8.01-431","catch_line":"Judgment or decree by confession in pending suit","url":"\/8.01-431\/","token":"8.01\/17\/2\/8.01-431"},"1":{"id":"777854","structure_id":"1555","section_number":"8.01-432","catch_line":"Confession of judgment irrespective of suit pending","url":"\/8.01-432\/","token":"8.01\/17\/2\/8.01-432"},"2":{"id":"792705","structure_id":"1555","section_number":"8.01-433","catch_line":"Setting aside judgments confessed under \u00a7 8.01-432","url":"\/8.01-433\/","token":"8.01\/17\/2\/8.01-433"},"3":{"id":"775060","structure_id":"1555","section_number":"8.01-433.1","catch_line":"Notice of confession of judgment provision","url":"\/8.01-433.1\/","token":"8.01\/17\/2\/8.01-433.1"},"4":{"id":"784988","structure_id":"1555","section_number":"8.01-434","catch_line":"Lien of such judgments","url":"\/8.01-434\/","token":"8.01\/17\/2\/8.01-434"},"5":{"id":"770896","structure_id":"1555","section_number":"8.01-435","catch_line":"Who may confess judgment","url":"\/8.01-435\/","token":"8.01\/17\/2\/8.01-435"},"6":{"id":"780798","structure_id":"1555","section_number":"8.01-438","catch_line":"When judgment confessed by attorney-in-fact copy to be served on judgment debtor","url":"\/8.01-438\/","token":"8.01\/17\/2\/8.01-438"},"7":{"id":"766570","structure_id":"1555","section_number":"8.01-439","catch_line":"Filing of records by clerk","url":"\/8.01-439\/","token":"8.01\/17\/2\/8.01-439"},"8":{"id":"790121","structure_id":"1555","section_number":"8.01-440","catch_line":"Docketing and execution","url":"\/8.01-440\/","token":"8.01\/17\/2\/8.01-440"},"9":{"id":"772044","structure_id":"1555","section_number":"8.01-441","catch_line":"When judgment confessed by virtue of power of attorney invalid","url":"\/8.01-441\/","token":"8.01\/17\/2\/8.01-441"}},"previous_section":{"id":"777854","structure_id":"1555","section_number":"8.01-432","catch_line":"Confession of judgment irrespective of suit pending","url":"\/8.01-432\/","token":"8.01\/17\/2\/8.01-432"},"next_section":{"id":"775060","structure_id":"1555","section_number":"8.01-433.1","catch_line":"Notice of confession of judgment provision","url":"\/8.01-433.1\/","token":"8.01\/17\/2\/8.01-433.1"},"references":[{"id":"784988","section_number":"8.01-434","catch_line":"Lien of such judgments","url":"\/8.01-434\/"},{"id":"780798","section_number":"8.01-438","catch_line":"When judgment confessed by attorney-in-fact copy to be served on judgment debtor","url":"\/8.01-438\/"}],"formats":{"txt":"\/8.01-433.txt","json":"\/8.01-433.json","xml":"\/8.01-433.xml"},"dublin_core":{"Title":"Setting aside judgments confessed under \u00a7 8.01-432","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-433","Relation":"Code of Virginia"},"plain_text":" CODE OF VIRGINIA\n\nSETTING ASIDE JUDGMENTS CONFESSED UNDER \u00a7 8.01-432 (\u00a7 8.01-433)\n\nAny judgment confessed under the provisions of \u00a7 8.01-432 may be set aside or\nreduced upon motion of the judgment debtor made within twenty-one days following\nnotice to him that such judgment has been entered against him, and after\ntwenty-one days notice to the judgment creditor or creditors for whom the\njudgment was confessed, on any ground which would have been an adequate defense\nor setoff in an action at law instituted upon the judgment creditor’s\nnote, bond or other evidence of debt upon which such judgment was confessed.\nWhenever any such judgment is set aside or modified the case shall be placed on\nthe trial docket of the court, and the proceedings thereon shall thereafter be\nthe same as if an action at law had been instituted upon the bond, note or other\nevidence of debt upon which judgment was confessed. After such case is so\ndocketed the court shall make such order as to the pleadings, future proceedings\nand costs as to the court may seem just.\n\nHISTORY: Code 1950, \u00a7 8-357; 1977, c. 617."}