Legal Question in Credit and Debt Law in Virginia

''Stayed: consent order of judgment

I was told by one attorney that I should offer the company that is suing me ''stayed consent order of judgment'' or a ''confessed judgment note''.

I offfered the two options to the company and their attorney said the following.

The ''stayed consent order of judgment'' is a practice that used to be used in Virginia General District Courts He stated that the practice was done away with because the court does not want a civil matter hanging out there for a long period of time.

He also said that a ''Confessed Judgment Note could only be done if the civil matter was being heard in a Virginia Circuit Court. He said that the General District court will not accept it.

I am assuming that he is talking about Fairfax County General District and Circuit Courts.

Are these statements true?

I am really at a loss as to what to do?

Thanks


Asked on 8/15/08, 8:25 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: ''Stayed: consent order of judgment

Yes, unfortunately, the attorney quoted appears to be correct in his assertions. See Va. Code Sec. 8.01-432 (Confessions of judgment only accepted in circuit court).

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Answered on 8/16/08, 12:20 pm


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