State Codes and Statutes

Statutes > Virginia > Title-16-1 > Chapter-6 > 16-1-94-01

§ 16.1-94.01. When and how payment or discharge entered on judgment.

A. When payment or satisfaction of any judgment rendered in a court not ofrecord is made, the judgment creditor shall by himself, or his agent orattorney, give written notice of such payment or satisfaction, within thirtydays of receipt, to the clerk of the court in which the judgment wasrendered. Such notice shall include the docket number, the names of theparties, the date and amount of the judgment, and the date of the payment orsatisfaction. The clerk of the court shall then mark the judgment satisfied.

B. If the judgment creditor fails to comply with subsection A, the judgmentdebtor, his heirs or personal representatives, may, on motion, after tendays' notice thereof to the judgment creditor, or his assignee, his personalrepresentative, or his agent or attorney, apply to the court in which thejudgment was rendered to have the judgment marked satisfied. Upon proof thatthe judgment has been paid, discharged or otherwise satisfied, the clerkshall mark the judgment satisfied. If the judgment creditor or his legalrepresentatives cannot be reasonably located, the notice may be published andposted as an order of publication is required to be published and postedunder §§ 8.01-316 and 8.01-317.

C. The cost of such proceedings, including reasonable attorney's fees and thecost of publication, may be ordered to be paid by the judgment creditor.

(1999, c. 370.)

State Codes and Statutes

Statutes > Virginia > Title-16-1 > Chapter-6 > 16-1-94-01

§ 16.1-94.01. When and how payment or discharge entered on judgment.

A. When payment or satisfaction of any judgment rendered in a court not ofrecord is made, the judgment creditor shall by himself, or his agent orattorney, give written notice of such payment or satisfaction, within thirtydays of receipt, to the clerk of the court in which the judgment wasrendered. Such notice shall include the docket number, the names of theparties, the date and amount of the judgment, and the date of the payment orsatisfaction. The clerk of the court shall then mark the judgment satisfied.

B. If the judgment creditor fails to comply with subsection A, the judgmentdebtor, his heirs or personal representatives, may, on motion, after tendays' notice thereof to the judgment creditor, or his assignee, his personalrepresentative, or his agent or attorney, apply to the court in which thejudgment was rendered to have the judgment marked satisfied. Upon proof thatthe judgment has been paid, discharged or otherwise satisfied, the clerkshall mark the judgment satisfied. If the judgment creditor or his legalrepresentatives cannot be reasonably located, the notice may be published andposted as an order of publication is required to be published and postedunder §§ 8.01-316 and 8.01-317.

C. The cost of such proceedings, including reasonable attorney's fees and thecost of publication, may be ordered to be paid by the judgment creditor.

(1999, c. 370.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-16-1 > Chapter-6 > 16-1-94-01

§ 16.1-94.01. When and how payment or discharge entered on judgment.

A. When payment or satisfaction of any judgment rendered in a court not ofrecord is made, the judgment creditor shall by himself, or his agent orattorney, give written notice of such payment or satisfaction, within thirtydays of receipt, to the clerk of the court in which the judgment wasrendered. Such notice shall include the docket number, the names of theparties, the date and amount of the judgment, and the date of the payment orsatisfaction. The clerk of the court shall then mark the judgment satisfied.

B. If the judgment creditor fails to comply with subsection A, the judgmentdebtor, his heirs or personal representatives, may, on motion, after tendays' notice thereof to the judgment creditor, or his assignee, his personalrepresentative, or his agent or attorney, apply to the court in which thejudgment was rendered to have the judgment marked satisfied. Upon proof thatthe judgment has been paid, discharged or otherwise satisfied, the clerkshall mark the judgment satisfied. If the judgment creditor or his legalrepresentatives cannot be reasonably located, the notice may be published andposted as an order of publication is required to be published and postedunder §§ 8.01-316 and 8.01-317.

C. The cost of such proceedings, including reasonable attorney's fees and thecost of publication, may be ordered to be paid by the judgment creditor.

(1999, c. 370.)