8.01-438 - When judgment confessed by attorney-in-fact copy to be served on judgment debtor. - Virginia Statutes

§ 8.01-438. When judgment confessed by attorney-in-fact copy to be served onjudgment debtor.

If a judgment is confessed by an attorney-in-fact, it shall be the duty ofthe clerk within ten days from the entry thereof to cause to be served uponthe judgment debtor a certified copy of the order so entered in thecommon-law order book, to which order shall be appended a notice settingforth the provisions of § 8.01-433. The officer who serves the order shallmake return thereof within ten days after service to the clerk. The clerkshall promptly file the order with the papers in the case. The failure toserve a copy of the order within sixty days from the date of entry thereofshall render the judgment void as to any debtor not so served.

Service of a copy of the order on a nonresident judgment debtor by an officerof the county or city of his residence, authorized by law to serve processestherein, or by the clerk of the court sending a copy of the order byregistered or certified mail to such nonresident judgment debtor at his lastknown post-office address and the filing of a certificate with the papers inthe case showing that such has been done or of a receipt showing the receiptof such letter by such nonresident judgment debtor, shall be deemedsufficient service thereof for the purposes of this section.

(Code 1950, § 8-362; 1972, c. 611; 1976, c. 617; 1988, c. 420.)