8.01-455 - Court, on motion of defendant, etc., may have payment of judgment entered. - Virginia Statutes

§ 8.01-455. Court, on motion of defendant, etc., may have payment of judgmententered.

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 hebe a nonresident, to his attorney, if he have one, apply to the court inwhich the judgment was rendered, to have the same marked satisfied, and uponproof that the judgment has been paid off or discharged, such court shallorder such satisfaction to be entered on the margin of the page in the bookwherein such judgment was entered, and a certificate of such order to be madeto the clerk of the court in which such judgment is required by § 8.01-446 tobe docketed, and the clerk of such court shall immediately, upon the receiptof such certificate, enter the same in the proper column of the judgmentdocket opposite the place where such judgment is docketed. If the plaintiffbe a nonresident and have no attorney of record residing in thisCommonwealth, the notice may be published and posted as an order ofpublication is required to be published and posted under §§ 8.01-316 and8.01-317. Upon a like motion and similar proceeding, the court may order tobe marked "discharged in bankruptcy," any judgment which may be shown tohave been so discharged.

B. The cost of such proceedings, including reasonable attorney's fees, may beordered to be paid by the plaintiff.

(Code 1950, § 8-383; 1977, c. 617.)