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1995 SESSION

LD2042312
HOUSE BILL NO. 2133
Offered January 23, 1995
A BILL to amend and reenact § 8.01-512.3 of the Code of Virginia, relating to garnishments.
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Patron--Jones, J.C.
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Referred to Committee for Courts of Justice
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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)
(Name, address and telephone number of judgment creditor's attorney,
or, if none, address and telephone number of judgment creditor)
(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 payroll
procedure 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.