Bill Text: VA HB393 | 2014 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Judgment; payment required to be noted by creditor, penalty.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Passed) 2014-03-24 - Governor: Acts of Assembly Chapter text (CHAP0274) [HB393 Detail]

Download: Virginia-2014-HB393-Comm_Sub.html

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14103764D
HOUSE BILL NO. 393 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee for Courts of Justice on January 20, 2014) (Patron Prior to Substitute--Delegate Chafin) A BILL to amend and reenact §8.01-454 of the Code of Virginia, relating to requirement that a judgment payment be noted by creditor; penalty.

Be it enacted by the General Assembly of Virginia:

1. That § 8.01-454 of the Code of Virginia is amended and reenacted as follows:

§8.01-454. Judgment, when paid, to be so noted by creditor.

In all cases in which payment or satisfaction of any judgment so docketed is made, which is not required to be certified to the clerk under § 8.01-455, it shall be the duty of the judgment creditor, himself, or by his agent or attorney, to cause such payment or satisfaction by the defendant, whether in whole or in part, and if there is more than one defendant, by which defendant it was paid or discharged, to be entered within thirty 30 days after the same is made, on such judgment docket. If the judgment has not been docketed, then the entry shall be made on the execution book in the office of the clerk from which the execution issued. For any failure to do so within 90 days, or after ten 10 days' notice to do so by the judgment debtor, or his agent or attorney, the judgment creditor shall be liable to a fine of up to fifty dollars $100 and shall pay the filing cost of the release. The entry of payment or satisfaction shall be signed by the creditor, or his duly authorized attorney or other agent, and be attested by the clerk in whose office the judgment is docketed, or, when not docketed, by the clerk from whose office the execution issued; however, the cost of the release shall be paid by the judgment debtor.