A. A defendant in any judgment, his heirs or personal representatives, may, on motion, after ten days' notice thereof to the plaintiff in such judgment, or his assignee, or if he be dead, to his personal representative, or if he be a nonresident, to his attorney, if he have one, apply to the court in which the judgment was rendered, to have the same marked satisfied, and upon proof that the judgment has been paid off or discharged, such court shall order such satisfaction to be recorded in the judgment docket book together with a separate instrument or order discharging the judgment and referencing the judgment docket book and page where the original judgment was entered, and a certificate of such order to be made to the clerk of the court in which such judgment is required by § 8.01-446 to be docketed, and the clerk of such court shall immediately, upon the receipt of such certificate, enter the same in the judgment docket book where such judgment is docketed. If the plaintiff be a nonresident and have no attorney of record residing in this Commonwealth, the notice may be published and posted as an order of publication is required to be published and posted under §§ 8.01-316 and 8.01-317. Upon a like motion and similar proceeding, the court may order that a separate instrument or order be recorded to reflect that a judgment has been "discharged in bankruptcy" for any judgment that may be shown to have been so discharged.
B. The cost of such proceedings, including reasonable attorney fees, may be ordered to be paid by the plaintiff.
Code 1950, § 8-383; 1977, c. 617; 2014, c. 330.
Structure Code of Virginia
Title 8.01 - Civil Remedies and Procedure
Chapter 17 - Judgments and Decrees Generally
§ 8.01-426. "Judgment" includes decree
§ 8.01-427. Persons entitled under decree deemed judgment creditors; execution on decree
§ 8.01-429. Action of appellate court when there might be redress under § 8.01-428
§ 8.01-430. When final judgment to be entered after verdict set aside
§ 8.01-431. Judgment or decree by confession in pending suit
§ 8.01-432. Confession of judgment irrespective of suit pending
§ 8.01-433. Setting aside judgments confessed under § 8.01-432
§ 8.01-433.1. Notice of confession of judgment provision
§ 8.01-434. Lien of such judgments
§ 8.01-435. Who may confess judgment
§ 8.01-436. Form of confession of judgment
§ 8.01-437. Endorsement of clerk thereon
§ 8.01-438. When judgment confessed by attorney-in-fact copy to be served on judgment debtor
§ 8.01-439. Filing of records by clerk
§ 8.01-440. Docketing and execution
§ 8.01-441. When judgment confessed by virtue of power of attorney invalid
§ 8.01-443. Joint wrongdoers; effect of judgment against one
§ 8.01-444. Where new parties added; if some not liable, how judgment entered
§ 8.01-445. Distinction between term and vacation abolished; effect of time
§ 8.01-446. Clerks to keep judgment dockets; what judgments to be docketed therein
§ 8.01-446.1. Keeping of docket books by clerk of court using micrographic process; form
§ 8.01-447. Docketing of judgments and decrees of United States courts
§ 8.01-448. Attorney General, etc., to have judgments in favor of Commonwealth docketed
§ 8.01-449. How judgments are docketed
§ 8.01-452. Entry of assignment of judgment on judgment lien docket
§ 8.01-452.1. Disposal of exhibits in civil cases
§ 8.01-453. When and how payment or discharge entered on judgment docket
§ 8.01-454. Judgment, when satisfied, to be so noted by creditor
§ 8.01-455. Court, on motion of defendant, etc., may have payment of judgment entered
§ 8.01-456. Satisfaction of judgment when judgment creditor cannot be located
§ 8.01-458. From what time judgment to be a lien on real estate; docketing revived judgment
§ 8.01-459. Priority of judgments
§ 8.01-461. Abstracts of judgments
§ 8.01-462. Jurisdiction of equity to enforce lien of judgment; when it may decree sale
§ 8.01-463. Enforcement of lien when judgment does not exceed $25,000
§ 8.01-464. Order of liability between alienees of different parts of estate
§ 8.01-465. Chapter embraces recognizances and bonds having force of judgment