Virginia § 49-28 - Confession of judgment by surety or failure to notify principal to defend
Full text of Virginia Code of Virginia § 49-28 — Confession of judgment by surety or failure to notify principal to defend, with citation guidance and answers to common questions.
§ 49-28. Confession of judgment by surety or failure to notify principal to defend
If any such surety, other than bail, or his committee, heir or personal representative, confess judgment, or suffer judgment to go against him by default, without giving notice to his principal, if he be a resident of the Commonwealth, or his committee or personal representative, to defend the suit, and after such principal offers to defend the suit, and tenders counter security, approved by the court in which the suit is pending, the principal, or his committee, heirs or representative, may have the benefit of every defense against the motion or suit of such surety, or his committee, representative or heirs, against him that he might have had against the creditor.
Code 1919, § 5778.
Source: official Virginia text · Last verified 2026-08-27
Frequently Asked Questions About Virginia § 49-28
What does Code of Virginia § 49-28 cover?
Section 49-28 ("Confession of judgment by surety or failure to notify principal to defend") is part of the Code of Virginia, the codified statutory law of Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Virginia § 49-28?
A common citation format is "Code of Virginia § 49-28" (Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Virginia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Virginia official source linked on this page or consult a licensed Virginia attorney.
How does Virginia § 49-28 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Virginia.