{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/49-28.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/49-28.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/49-28.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/49-28.html"}],"law_id":366483,"edition_id":2,"section_id":366483,"structure_id":52220,"section_number":"49-28","catch_line":"Confession of judgment by surety or failure to notify principal to defend","history":"Code 1919, \u00a7 5778.","full_text":"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.\n\n","order_by":null,"text":{"0":{"id":1364706,"text":"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.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":52220,"edition_id":2,"name":"Relief of Sureties","identifier":"3","label":"chapter","depth":2,"order_by":3,"parent_id":52217,"metadata":{"child_laws":8,"child_structures":0},"date_created":"2026-08-02 02:56:14","date_modified":"2026-08-02 12:34:28","permalink":{"id":1460267,"object_type":"structure","relational_id":52220,"identifier":"3","token":"49\/3","url":"\/49\/3\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52217,"edition_id":2,"name":"Oaths, Affirmations and Bonds","identifier":"49","label":"title","depth":1,"order_by":106,"parent_id":null,"metadata":{"child_laws":30,"child_structures":3},"date_created":"2026-08-02 02:56:13","date_modified":"2026-08-02 12:34:27","permalink":{"id":1460173,"object_type":"structure","relational_id":52217,"identifier":"49","token":"49","url":"\/49\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":366477,"structure_id":52220,"section_number":"49-22","catch_line":"Sureties on official bonds","url":"\/49-22\/","token":"49\/3\/49-22","metadata":false},{"id":366478,"structure_id":52220,"section_number":"49-23","catch_line":"Surety on bond given under decree of court for payment of money","url":"\/49-23\/","token":"49\/3\/49-23","metadata":false},{"id":366479,"structure_id":52220,"section_number":"49-24","catch_line":"Failure of officer to give new bond","url":"\/49-24\/","token":"49\/3\/49-24","metadata":false},{"id":366480,"structure_id":52220,"section_number":"49-25","catch_line":"Surety may require creditor to sue","url":"\/49-25\/","token":"49\/3\/49-25","metadata":false},{"id":366481,"structure_id":52220,"section_number":"49-26","catch_line":"Effect of failure of creditor to sue","url":"\/49-26\/","token":"49\/3\/49-26","metadata":false},{"id":366482,"structure_id":52220,"section_number":"49-27","catch_line":"Surety's remedy against principal for money paid","url":"\/49-27\/","token":"49\/3\/49-27","metadata":false},{"id":366483,"structure_id":52220,"section_number":"49-28","catch_line":"Confession of judgment by surety or failure to notify principal to defend","url":"\/49-28\/","token":"49\/3\/49-28","metadata":false},{"id":366484,"structure_id":52220,"section_number":"49-29","catch_line":"Failure of principal to offer to defend suit against surety","url":"\/49-29\/","token":"49\/3\/49-29","metadata":false}],"previous_section":{"id":366482,"structure_id":52220,"section_number":"49-27","catch_line":"Surety's remedy against principal for money paid","url":"\/49-27\/","token":"49\/3\/49-27","metadata":false},"next_section":{"id":366484,"structure_id":52220,"section_number":"49-29","catch_line":"Failure of principal to offer to defend suit against surety","url":"\/49-29\/","token":"49\/3\/49-29","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/49-28\/","history_text":false,"references":false,"refers_to":false,"permalink":{"id":1460293,"object_type":"law","relational_id":366483,"identifier":"49-28","token":"49\/3\/49-28","url":"\/49-28\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/49-28\/","token":"49\/3\/49-28","dublin_core":{"Title":"Confession of judgment by surety or failure to notify principal to defend","Type":"Text","Format":"text\/html","Identifier":"\u00a7 49-28","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

If any such surety<\/span>, other than bail<\/span>, or his committee, heir or personal representative, confess judgment<\/span>, or suffer judgment<\/span> to go against him by default<\/span>, 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<\/span> in which the suit is pending, the principal, or his committee, heirs or representative, may have the benefit of every defense against the motion<\/span> or suit of such surety<\/span>, or his committee, representative or heirs, against him that he might have had against the creditor<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONFESSION OF JUDGMENT BY SURETY OR FAILURE TO NOTIFY PRINCIPAL TO DEFEND (\u00a7\n49-28)\n\nIf any such surety, other than bail, or his committee, heir or personal\nrepresentative, confess judgment, or suffer judgment to go against him by\ndefault, without giving notice to his principal, if he be a resident of the\nCommonwealth, or his committee or personal representative, to defend the suit,\nand after such principal offers to defend the suit, and tenders counter\nsecurity, approved by the court in which the suit is pending, the principal, or\nhis committee, heirs or representative, may have the benefit of every defense\nagainst the motion or suit of such surety, or his committee, representative or\nheirs, against him that he might have had against the creditor.\n\nHISTORY: Code 1919, \u00a7 5778.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}