AAA Disposal Services, Inc. v. Eckert

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. Therefore, the circuit court did not err in granting the plaintiff’s motion to nonsuit this action.

James R. Eckert filed a…