2006 Code of Virginia § 8.01-28 - When judgment to be given in action upon contract or note unless defendant appears and denies clai...

8.01-28. When judgment to be given in action upon contract or note unlessdefendant appears and denies claim under oath.

In any action at law on a note or contract, express or implied, for thepayment of money, or unlawful detainer pursuant to 55-225 or 55-248.31for the payment of money or possession of the premises, or both, if (i) theplaintiff files with his motion for judgment or civil warrant an affidavitmade by himself or his agent, stating therein to the best of the affiant'sbelief the amount of the plaintiff's claim, that such amount is justly due,and the time from which plaintiff claims interest, and (ii) a copy of theaffidavit together with a copy of any account filed with the motion forjudgment or warrant and, in actions pursuant to 55-225 or 55-248.31,proof of required notices is served on the defendant as provided in 8.01-296 at the time a copy of the motion for judgment or warrant is soserved, the plaintiff shall be entitled to a judgment on the affidavit andstatement of account without further evidence unless the defendant eitherappears and pleads under oath or files with the court before the return datean affidavit or responsive pleading denying that the plaintiff is entitled torecover from the defendant on the claim. A denial by the defendant in generaldistrict court need not be in writing. The plaintiff or defendant shall, onmotion, be granted a continuance whenever the defendant appears and pleads.If the defendant's pleading or affidavit admits that the plaintiff isentitled to recover from the defendant a sum certain less than that stated inthe affidavit filed by the plaintiff, judgment may be taken by the plaintifffor the sum so admitted to be due, and the case will be tried as to theresidue.

(Code 1950, 8-511; 1954, c. 610; 1960, c. 426; 1977, c. 617; 1983, c. 136;1991, cc. 56, 503.)