SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

1995 SESSION


CHAPTER 379
An Act to amend and reenact § 8.01-512.3 of the Code of Virginia, relating to garnishments.
[H 1883]
Approved March 18, 1995

Be it enacted by the General Assembly of Virginia:

1. That § 8.01-512.3 of the Code of Virginia is amended and reenacted as follows:

§ 8.01-512.3. Form of garnishment summons.

Any garnishment issued pursuant to § 8.01-511 shall be in the following form:

(a) Front side of summons:

        GARNISHMENT SUMMONS
        (Court Name)
        (Name, address and telephone number of judgment creditor
        except that when the judgment creditor's attorney's name,
        address and telephone number appear on the summons, only
        the creditor's name shall be used.)
        (Name, address and telephone number of judgment creditor's
        attorney)
        (Name, street address and social security number of judgment
        debtor)
        (Name and street address of garnishee)
        ...................... Hearing Date and Time

        MAXIMUM PORTION OF                         STATEMENT
        DISPOSABLE EARNINGS SUBJECT           Judgment Principal  $...
        TO GARNISHMENT                        Credits             $...
                                              Interest            $...
        □Support                           Judgment Costs      $...
        □50%□55%□60%□65%          Attorney's Fees     $...
        (if not specified, then 50%)          Garnishment Costs   $...
        □state taxes, 100%
        If none of the above are
        checked, then § 34-29 (a)             TOTAL BALANCE DUE   $...
        (printed on the reverse side          The garnishee shall
        of this summons) applies.             rely on this amount.
        .......................
        Date of Judgment
        TO ANY AUTHORIZED OFFICER: You are hereby commanded to
     serve this summons on the judgment debtor and the garnishee.
        TO THE GARNISHEE: You are hereby commanded to
        (1) File a written answer with this court, or
        (2) Deliver payment to this court, or
        (3) Appear before this court on the return date and time
     shown on this summons to answer the Suggestion for Summons in
     Garnishment of the judgment creditor that, by reason of the
     lien of writ of fieri facias, there is a liability as shown
     in the statement upon the garnishee.
        As garnishee, you shall withhold from the judgment debtor any
     sums of money to which the judgment debtor is or may be entitled
     from you during the period between the date of service of this
     summons on you and the date for your appearance in court, subject
     to the following limitations:
        (1) The maximum amount which may be garnished is the "TOTAL
     BALANCE DUE" as shown on this summons.
        (2) If the sums of money being garnished are earnings of the
     judgment debtor, then the provision of "MAXIMUM PORTION OF
     DISPOSABLE EARNINGS SUBJECT TO GARNISHMENT" shall apply.
        If a garnishment summons is served on an employer having
     1,000 or more employees, then money to which the judgment debtor
     is or may be entitled from his or her employer shall be considered
     those wages, salaries, commissions or other earnings which,
     following service on the garnishee-employer, are determined
     and are payable to the judgment debtor under the garnishee-
     employer's normal payrollprocedure with a reasonable time
     allowance for making a timely return by mail to this court.
        ............................     .........................
        Date of Issuance of Summons               Clerk
        ............................
        Date of delivery of writ of fieri facias to sheriff if different
     from date of issuance of this summons.

(b) A verbatim copy of § 34-29 shall be printed on the reverse side of the summons.