Chap. 440.—An ACT to regulate the confession of judgment in the office of
the clerk of any court of record in the Commonwealth of Virginia and
to prescribe the procedure thereon. [H B 313]

Approved March 27, 1922,

1. Be it enacted by the general assembly of Virginia, That: (a)
Any person being indebted to another person, may, at any time con-
fess judgment in the clerk’s office of any court of record in this Com-
monwealth, whether a suit, motion or action be pending therefor or
not, for so much principal and interest as his creditor may be willing
to accept a judgment for, which judgment, when so confessed, shall
be forthwith entered of record by the clerk in whose office it is con-
fessed, in the proper order book of his court, and shall be as final
and as binding as though confessed in open court or rendered by the
court, subject to the control of the court in which rendered, and may
be set aside only for fraud or other like taint.

(b) The clerk shall enter on the margin of the record of such
judgment, the day and hour when the same was confessed and the
lien thereof shall attach and be binding from the time of such con-
fession so entered.

(c) Such confession of judgment may be made either by the
debtor himself or his duly constituted attorney in fact acting under
and by virtue of a warrant 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 Virginia, and of the following tenor, to-wit:

“To the clerk of the _-____-_._____ court of the --___.-._____-
a , in the Commonwealth of Virginia, greeting:

I, A. B. (or A. B. and C. D. and so forth), hereby acknowledge
myself (or ourselves) to be justly indebted to (name of creditor) in
the sum of _-----_-______ dollars and __________ cents ($_..-_----
with interest thereon from the __________ day of ---_--_--- , 19____,
as to which obligation I, (or we) hereby waive the benefit of mv
(or our) homestead exemptions; and be it known to you, that I
(or we) do hereby constitute and appoint (name of attorney in fact)
my (or our) true and lawful attorney in fact for the purpose of.
and I (or we) do hereby vest him with full power and authority to
personally appear for me (or us) and confess judgment before you
in your office, against me (or us) in favor of the aforesaid (name of
creditor) for the said sum of $_.___-______ , with interest thereon
from the said __________ day of ___-___--- , 19____, until paid, and
the cost of this proceeding, with waiver of homestead exemptions as
aforesaid.

Given under my (or our) hand ____ and seal __-_-, this _______---
day of ~.....__-- , 19___-.

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(d) On the presentation of such warrant by the person therein
named as attorney in fact, or upon the personal appearance of the
debtor or debtors and the expression by him or them of his or their
desire to confess such judgment, the clerk shall draw and require
the said attorney in fact, or the debtor or debtors, as the case may be,
to sign a confession of judgment, which shall be in form, as follows:

“Virginia: In the clerk’s office of the _-_-_-~- court of _._-_____- ;
to-wit :

I (or we), A. B. (or A. B. and C. D., and so forth), hereby
acknowledge myself (or ourselves) to be justly indebted to, and do
hereby confess judgment in favor of (name of creditor) in the sum
of _---_---_- dollars and ___------- cents ($.--------- ) with in-
terest thereon from the ~_.-----_- day of ~--------~- , 19____, until
paid, and the cost of this proceeding, hereby waiving the benefit of
my (or our) homestead exemptions as to the same.

Given under my (or our) hand -- and seal --, this _--_-- day

19

(Signatures and seals)”
or, if by an attorney in fact, signatures and seals of creditors,

his (or their) attorney in fact.

(e) When a judgment is so confessed, the clerk shall endorse

upon such confession, or attach thereto, his certificate in manner and
form following, to-wit:

“Virginia: In the clerk’s office of the -.------_- court of the
waa -- 8H of _......-.., the _..---.-.. day of ~-------_., 19___-
The foregoing (or attached) judgment was duly conferred before
me in my said office on the ~-------~- day of ------_-_- , 19____,
at ..--.- o'clock ~_---- M., and has been duly entered of record in
common law order book number ~-_---_-_- , page ------_---.
Teste: --..------------.-------.-.- Clerk.”

(f), The said confession and clerk’s certificate, together with
the warrant, if the confession be by attorney in fact, ‘shall be securely
attached together by the clerk and filed by him among the records
in his office.

(g) The clerk shall forthwith docket such judgment in the
current judgment lien docket in his office, and shall issue execution
thereon as he may be directed by the creditor therein, or his assigns,
in the manner prescribed by law.

(h) The following fees, and no other, shall be taxed by the
clerk as and for the costs of such proceeding:

The statutory writ tax__------_-_----_---------------___ $

For the attorney in fact, when there is one._--.-.._-_____- 2.50
For the clerk for drawing confession of judgment___________ 90
For the clerk for certificate as to confession-_..-_._.________ 25
‘or the clerk for noting date of confession on margin of order

‘or the clerk for filing all papers ---.----- a Ee 0
‘or the clerk for docketing the judgment and issuing execution, the
same fees allowed by law for docketing judgments rendered in
court and issuing executions thereon.
(i) All acts and parts of acts in conflict with this act are hereby
‘epealed.