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1996 SESSION


CHAPTER 1051
An Act to amend and reenact § 8.01-512.3 of the Code of Virginia, relating to garnishment form.
[H 1201]
Approved May 6, 1996

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 is
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 plain language interpretation of § 34-29
shall be printed appear on the reverse side of the
summons. as follows:




"The following statement is not the law but is an interpretation of the law
which is intended to assist those who must respond to this garnishment.  You
may rely on this only for general guidance because the law itself is the final
word. (Read the law, § 34-29 of the Code of Virginia, for a full
explanation.  A copy of § 34-29 is available at the clerk's office.  If
you do not understand the law, call a lawyer for help.)  




An employer may take as much as 25 percent of an employee's disposable
earnings to satisfy this garnishment. But if an employee makes the minimum wage
or less for his week's earnings, the employee will ordinarily get to keep 30
times the minimum hourly wage."




But an employer may withhold a different amount of money from that above
if:




(1) The employee must pay child support or spousal support and was ordered
to do so  by a court procedure or other legal procedure. No more than 65
percent of an employee's earnings may be withheld for support;




(2) Money is withheld by order of a bankruptcy court; or




(3) Money is withheld for a tax debt. 




"Disposable earnings" means the money an employee makes after taxes and
after other amounts required by law to be withheld are satisfied. Earnings can
be salary, hourly wages, commissions, bonuses or otherwise, whether paid
directly to the employee or not.  After those earnings are in the bank for 30
days, they are not considered earnings any more.




If an employee tries to transfer, assign or in any way give his earnings to
another person to avoid the garnishment, it will not be legal; earnings are
still earnings.




An employee cannot be fired because he is garnished for one debt.




Financial institutions that receive an employee's paycheck by direct deposit
do not have to determine what part of a person's earnings can be garnished.