8.01-434 - Lien of such judgments. - Virginia Statutes

§ 8.01-434. Lien of such judgments.

The clerk shall enter on the margin of the record of any judgment confessedunder the provisions of § 8.01-432, the day and hour when the same wasconfessed and the lien thereof shall attach and be binding from the time suchjudgment is recorded on the judgment lien docket of the clerk's office of thecounty or city in which land of the defendant lies. If the credit wasextended for personal, family or household purposes, the judgment shall notbe a lien against the real estate of the obligor or the basis of obtainingexecution against his personal property until the expiration of thetwenty-one-day period allowed the judgment debtor as set forth in § 8.01-433.In the event the judgment debtor files a motion or other pleading within suchtwenty-one-day period, the judgment shall not be a lien against such realestate or its basis of execution against personal property until an order tothat effect is entered by the court. It will be presumed that the obligationis for personal, family or household purposes if the debtor is a naturalperson, unless the plaintiff or someone on his behalf makes oath or makes outand files an affidavit that the obligation was not for such purposes, or theobligation for which judgment is confessed recites that it is for otherpurposes.

(Code 1950, § 8-358; 1962, c. 388; 1970, c. 395; 1977, c. 617; 1986, c. 523.)