Confession Of Judgment With No Affidavit Set Aside

By Deborah Elkins
Published: June 2, 2011

Tags: Creditor's Rights, Fairfax County Circuit Court, Judge R. Terrence Ney, Virginia Circuit Courts

A Fairfax Circuit Court sets aside a confessed judgment against guarantors of a business loan by plaintiff bank, because an affidavit was not filed simultaneously with the confession of judgment, as explicitly required by the language of the guaranties. The issue before the court is whether the failure by the creditor’s attorney-in-fact to follow the steps ...

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