§ 8.01-456.Satisfaction of judgment when judgment creditor cannot be located.

Chapter 17. Judgments and Decrees Generally · Article 6. Satisfaction · Last amended 1977 · Last verified July 16, 2026

In one sentenceWhen a judgment creditor cannot be found, the debtor or anyone liable on the judgment may pay the amount owed, plus costs, into court, which deposits the funds at interest in an FDIC-member bank and notes the deposit on the judgment docket, freeing the debtor’s property from the lien immediately.

Full Text of § 8.01-456

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Whenever a judgment debtor or anyone for him or any party liable on the judgment wishes to pay off and discharge a judgment, of record in any clerk's office in this Commonwealth, when the judgment creditor cannot be located, he may do so by paying into the court having jurisdiction over such judgment an amount sufficient to pay the principal, interest, and all costs due thereupon, together with the cost of entering necessary orders, and other service attendant upon the proceeding herein provided for, and satisfaction upon such judgment. Upon such payment, the court, by an order entered of record shall direct the clerk to deposit the same at interest in any bank which is a member of the Federal Deposit Insurance Corporation and is designated in such order; to file evidence of such deposit in the office of the clerk in an appropriate file and shall be payable to the court entering the order for the benefit of the judgment creditor; and to enter upon the judgment docket, where the judgment is docketed, the date of such deposit, the date of the entry of the order of the court receiving same, referring to the number and page of the order book in which it is entered.

The judgment creditor or his attorney may have the money, so paid, to which he is entitled, upon application to the court therefor whenever it may appear to the court that it should be paid to him.

From and after the time of such payment, into the court, as aforesaid, the property of the defendant shall be free and clear of any lien created by any such judgment, or any execution issued thereupon.

End

Plain-English Summary

A debtor who wants to pay off a judgment cannot always find the creditor to hand the money to, and Section 8.01-456 keeps that problem from trapping the debtor’s property under an unpaid-looking lien indefinitely. When the judgment creditor cannot be located, the debtor, or anyone acting for him, or any party liable on the judgment, may discharge it by paying into the court with jurisdiction over the judgment an amount covering the principal, interest, and all costs due, along with the costs of the proceeding itself.

The court then enters an order directing the clerk to deposit that money at interest in a bank belonging to the Federal Deposit Insurance Corporation, designated in the order, to file proof of the deposit in the clerk’s office, and to note the deposit on the judgment docket, referencing the order book entry that received it.

The money does not disappear from the creditor’s reach. The judgment creditor or his attorney can apply to the court for the funds whenever it appears the payment should go to him. And from the moment the debtor pays into court, the property is freed and cleared of any lien the judgment, or any execution on it, would otherwise have created.

Frequently Asked Questions

What can a debtor do to pay off a judgment when the creditor cannot be located?

Pay into the court having jurisdiction over the judgment an amount sufficient to cover the principal, interest, all costs due, and the costs of the proceeding.

What happens to money paid into court under this section?

The court orders the clerk to deposit it at interest in a bank that is a member of the Federal Deposit Insurance Corporation, designated in the order, and to file evidence of the deposit and note it on the judgment docket.

Can the judgment creditor still collect the money after it is paid into court?

Yes, the judgment creditor or his attorney may apply to the court for the money whenever it appears it should be paid to him.

Does paying into court free the debtor’s property from the judgment lien?

Yes, from the time of payment into court, the debtor’s property is free and clear of any lien created by the judgment or any execution issued on it.

Who besides the debtor may pay off the judgment this way?

Anyone acting for the debtor, or any party liable on the judgment.

Amendment History

Code 1950, § 8-384; 1977, c. 617.

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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