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AAA DISPOSAL SERVICES, INC. v. ECKERT

No. 030465.

593 S.E.2d 260 (2004)

267 Va. 442

AAA DISPOSAL SERVICES, INC., et al. v. James R. ECKERT.

Supreme Court of Virginia.

March 5, 2004.

Attorney(s) appearing for the Case

Timothy S. Coyne (J. David Griffin; Fowler, Griffin, Coyne, Coyne & Patton, on briefs), Winchester, for appellants.

Thomas J. Stanton (Stanton & Associates, on briefs), Washington, DC, for appellee.

Present: All the Justices.

KINSER, Justice.

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 plaintiffs 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...

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