8.01-433 - Setting aside judgments confessed under § 8.01-432. - Virginia Statutes

§ 8.01-433. Setting aside judgments confessed under § 8.01-432.

Any judgment confessed under the provisions of § 8.01-432 may be set aside orreduced upon motion of the judgment debtor made within twenty-one daysfollowing notice to him that such judgment has been entered against him, andafter twenty-one days notice to the judgment creditor or creditors for whomthe judgment was confessed, on any ground which would have been an adequatedefense or setoff in an action at law instituted upon the judgment creditor'snote, 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 placedon the trial docket of the court, and the proceedings thereon shallthereafter be the same as if an action at law had been instituted upon thebond, note or other evidence of debt upon which judgment was confessed. Aftersuch 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.

(Code 1950, § 8-357; 1977, c. 617.)