| Docket No. | Op. Below | Argument | Opinion | Author | Term |
|---|---|---|---|---|---|
| 030465 | - - | - - | March 5, 2004 | Kinser | 2004 |
Citation: AAA Disposal Services, Inc. v. Eckert, 593 S.E.2d 260, 267 Va. 442, 2004 Va. LEXIS 36 (2004).
Holding
The dispositive issue in this appeal is whether a confession of judgment for the amount specified in an ad damnum clause is valid and binding in the absence of a plaintiff’s willingness to accept that amount of principal and interest. We conclude that such a confession of judgment is not valid in light of the plain terms of Code § 8.01-431 requiring that a plaintiff be willing to accept a judgment for the principal and interest contained in a confession of judgment.
