§ 8.01-435.Who may confess judgment.

Chapter 17. Judgments and Decrees Generally · Article 2. Judgments by Confession · Last amended 2012 · Last verified July 16, 2026

In one sentenceConfession of judgment under § 8.01-432 may be made by the debtor personally or by an attorney-in-fact under an acknowledged power of attorney naming the attorney-in-fact and the clerk’s office, and a creditor may later record a substitute attorney-in-fact, notifying the debtor by certified mail within ten days unless the note already warned of that possibility.

Full Text of § 8.01-435

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Confession of judgment under the provisions of § 8.01-432 may be made either by the debtor himself or by his duly constituted attorney-in-fact, acting under and by virtue of a power of attorney duly executed and acknowledged by him as deeds are required to be acknowledged, before any officer or person authorized to take acknowledgments of writings to be recorded in this Commonwealth, provided, however, that any power of attorney incorporated in, and made part of, any note or bond authorizing the confession of judgment thereon against the makers and endorsers in the event of default in the payment thereof at maturity need not be acknowledged, but shall specifically name therein the attorney or attorneys or other person or persons authorized to confess such judgment and the clerk's office in which the judgment is to be confessed.

The payee, obligee, or person otherwise entitled to payment under any note or bond may appoint a substitute for any attorney-in-fact authorized to confess judgment that is specifically named in such note or bond, by specifically naming the substitute attorney-in-fact in an instrument appointing the substitute attorney-in-fact. Such instrument shall be recorded and indexed according to law in the clerk's office where judgment is to be confessed by the terms of such note or bond, and a clerk's fee for such recording shall be paid as set out in § 17.1-275. If such note or bond does not contain a notice informing the debtor that a substitute attorney-in-fact may be appointed by the payee, obligee, or person otherwise entitled to payment under the note or bond, then within 10 days after the instrument appointing the substitute attorney-in-fact is recorded, the person appointing the substitute attorney-in-fact shall send notice of the appointment by certified mail to the debtor's last known address as it appears in the records of the person appointing the substitute attorney-in-fact.

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Plain-English Summary

Section 8.01-435 lays out two routes into a confessed judgment. The debtor can appear and confess it himself. Or an attorney-in-fact can do it for him, acting under a power of attorney acknowledged the way deeds are acknowledged — before an officer authorized to take such acknowledgments. A power of attorney built into the note or bond itself, naming the attorney or attorneys authorized to confess judgment and specifying the clerk’s office where it will happen, does not need separate acknowledgment.

The section also addresses what happens when the named attorney-in-fact is unavailable or the creditor wants a different agent. The payee, obligee, or person otherwise entitled to payment can appoint a substitute attorney-in-fact by naming that substitute in a recorded, indexed instrument, paying the clerk’s recording fee set under § 17.1-275.

Debtor notice depends on what the note or bond already disclosed. If the instrument did not warn the debtor that a substitute attorney-in-fact might later be appointed, the person making the substitution must send the debtor notice by certified mail, to his last known address on file, within ten days of recording the appointment.

Frequently Asked Questions

Can someone other than the debtor confess judgment on his behalf?

Yes. A duly constituted attorney-in-fact acting under a properly executed and acknowledged power of attorney may confess judgment under § 8.01-432.

Does a power of attorney built into a note or bond need separate acknowledgment?

No, provided it specifically names the attorney or attorneys authorized to confess judgment and the clerk’s office in which the judgment is to be confessed.

Can a creditor replace the attorney-in-fact named in the note or bond?

Yes. The payee, obligee, or person otherwise entitled to payment may appoint a substitute attorney-in-fact by specifically naming the substitute in a recorded and indexed instrument.

Must the debtor be notified when a substitute attorney-in-fact is appointed?

Yes, unless the note or bond already disclosed that a substitute might be appointed. Otherwise, notice must go out by certified mail to the debtor’s last known address within ten days of recording the appointment.

How must a stand-alone power of attorney for confessing judgment be executed?

It must be duly executed and acknowledged by the debtor as deeds are required to be acknowledged, before an officer or person authorized to take such acknowledgments.

Amendment History

Code 1950, § 8-359; 1977, c. 617; 2012, cc. 31, 118.

Source & verification. Section text and amendment history are reproduced verbatim from the Code of Virginia, published by the Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026. · Official source

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