{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-511.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-511.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-511.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-511.html"}],"law_id":72009,"edition_id":1,"section_id":72009,"structure_id":15114,"section_number":"8.01-511","catch_line":"Institution of garnishment proceedings","history":"Code 1950, \u00a7 8-441; 1960, c. 502; 1966, c. 212; 1972, c. 104; 1976, c. 659; 1977, cc. 454, 617; 1978, cc. 321, 506; 1979, cc. 242, 345; 1980, c. 537; 1983, cc. 399, 468; 1984, c. 1; 1985, c. 524; 1991, c. 534; 1996, cc. 501, 608; 2006, c. 55; 2012, cc. 127, 129, 251, 409.","full_text":"A\n\nOn a suggestion by the judgment creditor that, by reason of the lien of his writ of fieri facias, there is a liability on any person other than the judgment debtor or that there is in the hands of some person in his capacity as personal representative of some decedent a sum of money to which a judgment debtor is or may be entitled as creditor or distributee of such decedent, upon which sum when determined such writ of fieri facias is a lien, a summons in the form prescribed by § 8.01-512.3 may (i) be sued out of the clerk’s office of the court from which an execution on the judgment is issued so long as the judgment shall remain enforceable as provided in § 8.01-251, (ii) be sued out of the clerk’s office to which an execution issued thereon has been returned as provided in § 16.1-99 against such person, or (iii) be sued out of the clerk’s office from which an execution issued as provided in § 16.1-278.18. If the judgment debtor does not reside in the city or county where the judgment was entered, the judgment creditor may have the case filed or docketed in the court of the city or county where the judgment debtor resides and such court may issue an execution on the judgment, provided that the judgment creditor (a) files with the court an abstract of the judgment rendered, (b) pays fees to the court in accordance with § 16.1-69.48:2 or subdivision 17 of § 17.1-275, and (c) files in both courts any release or satisfaction of judgment. The summons and the notice and claim for exemption form required pursuant to § 8.01-512.4 shall be served on the garnishee, and shall be served on the judgment debtor promptly after service on the garnishee. Service on the judgment debtor and the garnishee shall be made pursuant to subdivision 1 or 2 of § 8.01-296. When making an application for garnishment, the judgment creditor shall set forth on the suggestion for summons in garnishment the last known address of the judgment debtor, and shall furnish the clerk, if service is to be made by the sheriff, or shall furnish any other person making service with an envelope, with first-class postage attached, addressed to such address. A copy of the summons and the notice and claim for exemptions form required under § 8.01-512.4 shall be sent by the clerk to the sheriff or provided by the judgment creditor to the person making service, with the process to be served. Promptly after service on the garnishee, the person making service shall mail such envelope by first-class mail to the judgment debtor at his last known address. If the person making service is unable to serve the judgment debtor pursuant to subdivision 1 of § 8.01-296, such mailing shall satisfy the mailing requirements of subdivision 2 b of § 8.01-296. The person making service shall note on his return the date of such mailing which, with the notation “copy mailed to judgment debtor,” shall be sufficient proof of the mailing of such envelope with the required copy of the summons and the notice and claim for exemption form with no examination of such contents being required nor separate certification by the clerk or judgment creditor that the appropriate documents have been so inserted. If the person making service is unable to serve the judgment debtor pursuant to subdivision 1 or 2 of § 8.01-296, such mailing shall constitute service of process on the judgment debtor. The judgment creditor shall furnish the social security number of the judgment debtor to the clerk, except as hereinafter provided.B\n\nThe judgment creditor may require the judgment debtor to furnish his correct social security number by the use of interrogatories. However, use of such interrogatories shall not be a required condition of a judgment creditor’s diligent good faith effort to secure the judgment debtor’s social security number. Such remedy shall be in addition to all other lawful remedies available to the judgment creditor. Upon a representation by the judgment creditor, or his agent or attorney, that he has made a diligent good faith effort to secure the social security number of the judgment debtor and has been unable to do so, the garnishment shall be issued without the necessity for such number.C\n\nExcept as provided herein, no summons shall be issued pursuant to this section for the garnishment of wages, salaries, commissions, or other earnings unless it: (i) is in the form prescribed by § 8.01-512.3; (ii) is directed to only one garnishee for the garnishment of only one judgment debtor; (iii) contains both the “TOTAL BALANCE DUE” and the social security number of the judgment debtor in the proper places as provided on the summons; and (iv) specifies that it is a garnishment against (a) the judgment debtor’s wages, salary, or other compensation or (b) some other debt due or property of the judgment debtor. The garnishee shall not be liable to the judgment creditor for any property not specified in the summons as provided in (iv) above. Upon receipt of a summons not in compliance with this provision, the garnishee shall file a written answer to that effect and shall have no liability to the judgment creditor, such summons being void upon transmission of the answer.D\n\nThe judgment creditor shall, in the suggestion, specify the amount of interest, if any, that is claimed to be due upon the judgment, calculated to the return day of the summons. He shall also set out such credits as may have been made upon the judgment.\n\t\t\tAll costs incurred by the judgment creditor after entry of the judgment, in aid of execution of the judgment and paid to a clerk of court, sheriff, or process server are chargeable against the judgment debtor, unless such costs are chargeable against the judgment creditor pursuant to § 8.01-475. Regardless of the actual amount of the fee paid by the judgment creditor, the fee for a process server chargeable against the judgment debtor shall not exceed the fee authorized for service by the sheriff. All such previous costs chargeable against the judgment debtor may be included by the judgment creditor as judgment costs in the garnishment summons form prescribed in § 8.01-512.3. This paragraph shall not be construed to limit any cost assessed by a court as part of the judgment.E\n\nIn addition, the suggestion shall contain an allegation that:1\n\nThe summons is based upon a judgment upon which a prior summons has been issued but not fully satisfied; or2\n\nNo summons has been issued upon his suggestion against the same judgment debtor within a period of 18 months, other than under the provisions of subdivision 1; or3\n\nThe summons is based upon a judgment granted against a debtor upon a debt due or made for necessary food, rent or shelter, public utilities including telephone service, drugs, or medical care supplied the debtor by the judgment creditor or to one of his lawful dependents, and that it was not for luxuries or nonessentials; or4\n\nThe summons is based upon a judgment for a debt due the judgment creditor to refinance a lawful loan made by an authorized lending institution; or5\n\nThe summons is based upon a judgment on an obligation incurred as an endorser or comaker upon a lawful note; or6\n\nThe summons is based upon a judgment for a debt or debts reaffirmed after bankruptcy.F\n\nAny judgment creditor who knowingly gives false information upon any such suggestion or certificate made under this chapter shall be guilty of a Class 1 misdemeanor.","order_by":null,"text":{"0":{"id":259450,"text":"On a suggestion by the judgment creditor that, by reason of the lien of his writ of fieri facias, there is a liability on any person other than the judgment debtor or that there is in the hands of some person in his capacity as personal representative of some decedent a sum of money to which a judgment debtor is or may be entitled as creditor or distributee of such decedent, upon which sum when determined such writ of fieri facias is a lien, a summons in the form prescribed by § 8.01-512.3 may (i) be sued out of the clerk’s office of the court from which an execution on the judgment is issued so long as the judgment shall remain enforceable as provided in § 8.01-251, (ii) be sued out of the clerk’s office to which an execution issued thereon has been returned as provided in § 16.1-99 against such person, or (iii) be sued out of the clerk’s office from which an execution issued as provided in § 16.1-278.18. If the judgment debtor does not reside in the city or county where the judgment was entered, the judgment creditor may have the case filed or docketed in the court of the city or county where the judgment debtor resides and such court may issue an execution on the judgment, provided that the judgment creditor (a) files with the court an abstract of the judgment rendered, (b) pays fees to the court in accordance with § 16.1-69.48:2 or subdivision 17 of § 17.1-275, and (c) files in both courts any release or satisfaction of judgment. The summons and the notice and claim for exemption form required pursuant to § 8.01-512.4 shall be served on the garnishee, and shall be served on the judgment debtor promptly after service on the garnishee. Service on the judgment debtor and the garnishee shall be made pursuant to subdivision 1 or 2 of § 8.01-296. When making an application for garnishment, the judgment creditor shall set forth on the suggestion for summons in garnishment the last known address of the judgment debtor, and shall furnish the clerk, if service is to be made by the sheriff, or shall furnish any other person making service with an envelope, with first-class postage attached, addressed to such address. A copy of the summons and the notice and claim for exemptions form required under § 8.01-512.4 shall be sent by the clerk to the sheriff or provided by the judgment creditor to the person making service, with the process to be served. Promptly after service on the garnishee, the person making service shall mail such envelope by first-class mail to the judgment debtor at his last known address. If the person making service is unable to serve the judgment debtor pursuant to subdivision 1 of § 8.01-296, such mailing shall satisfy the mailing requirements of subdivision 2 b of § 8.01-296. The person making service shall note on his return the date of such mailing which, with the notation “copy mailed to judgment debtor,” shall be sufficient proof of the mailing of such envelope with the required copy of the summons and the notice and claim for exemption form with no examination of such contents being required nor separate certification by the clerk or judgment creditor that the appropriate documents have been so inserted. If the person making service is unable to serve the judgment debtor pursuant to subdivision 1 or 2 of § 8.01-296, such mailing shall constitute service of process on the judgment debtor. The judgment creditor shall furnish the social security number of the judgment debtor to the clerk, except as hereinafter provided.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":259451,"text":"The judgment creditor may require the judgment debtor to furnish his correct social security number by the use of interrogatories. However, use of such interrogatories shall not be a required condition of a judgment creditor’s diligent good faith effort to secure the judgment debtor’s social security number. Such remedy shall be in addition to all other lawful remedies available to the judgment creditor. Upon a representation by the judgment creditor, or his agent or attorney, that he has made a diligent good faith effort to secure the social security number of the judgment debtor and has been unable to do so, the garnishment shall be issued without the necessity for such number.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":259452,"text":"Except as provided herein, no summons shall be issued pursuant to this section for the garnishment of wages, salaries, commissions, or other earnings unless it: (i) is in the form prescribed by § 8.01-512.3; (ii) is directed to only one garnishee for the garnishment of only one judgment debtor; (iii) contains both the “TOTAL BALANCE DUE” and the social security number of the judgment debtor in the proper places as provided on the summons; and (iv) specifies that it is a garnishment against (a) the judgment debtor’s wages, salary, or other compensation or (b) some other debt due or property of the judgment debtor. The garnishee shall not be liable to the judgment creditor for any property not specified in the summons as provided in (iv) above. Upon receipt of a summons not in compliance with this provision, the garnishee shall file a written answer to that effect and shall have no liability to the judgment creditor, such summons being void upon transmission of the answer.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":259453,"text":"The judgment creditor shall, in the suggestion, specify the amount of interest, if any, that is claimed to be due upon the judgment, calculated to the return day of the summons. He shall also set out such credits as may have been made upon the judgment.\n\t\t\tAll costs incurred by the judgment creditor after entry of the judgment, in aid of execution of the judgment and paid to a clerk of court, sheriff, or process server are chargeable against the judgment debtor, unless such costs are chargeable against the judgment creditor pursuant to § 8.01-475. Regardless of the actual amount of the fee paid by the judgment creditor, the fee for a process server chargeable against the judgment debtor shall not exceed the fee authorized for service by the sheriff. All such previous costs chargeable against the judgment debtor may be included by the judgment creditor as judgment costs in the garnishment summons form prescribed in § 8.01-512.3. This paragraph shall not be construed to limit any cost assessed by a court as part of the judgment.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":259454,"text":"In addition, the suggestion shall contain an allegation that:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"5":{"id":259455,"text":"The summons is based upon a judgment upon which a prior summons has been issued but not fully satisfied; or","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"6":{"id":259456,"text":"No summons has been issued upon his suggestion against the same judgment debtor within a period of 18 months, other than under the provisions of subdivision 1; or","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"E3"},"7":{"id":259457,"text":"The summons is based upon a judgment granted against a debtor upon a debt due or made for necessary food, rent or shelter, public utilities including telephone service, drugs, or medical care supplied the debtor by the judgment creditor or to one of his lawful dependents, and that it was not for luxuries or nonessentials; or","type":"section","prefixes":["E","3"],"prefix":"3","entire_prefix":"E3","prefix_anchor":"E3","level":2,"prior_prefix":"E2","next_prefix":"E4"},"8":{"id":259458,"text":"The summons is based upon a judgment for a debt due the judgment creditor to refinance a lawful loan made by an authorized lending institution; or","type":"section","prefixes":["E","4"],"prefix":"4","entire_prefix":"E4","prefix_anchor":"E4","level":2,"prior_prefix":"E3","next_prefix":"E5"},"9":{"id":259459,"text":"The summons is based upon a judgment on an obligation incurred as an endorser or comaker upon a lawful note; or","type":"section","prefixes":["E","5"],"prefix":"5","entire_prefix":"E5","prefix_anchor":"E5","level":2,"prior_prefix":"E4","next_prefix":"E6"},"10":{"id":259460,"text":"The summons is based upon a judgment for a debt or debts reaffirmed after bankruptcy.","type":"section","prefixes":["E","6"],"prefix":"6","entire_prefix":"E6","prefix_anchor":"E6","level":2,"prior_prefix":"E5","next_prefix":"F"},"11":{"id":259461,"text":"Any judgment creditor who knowingly gives false information upon any such suggestion or certificate made under this chapter shall be guilty of a Class 1 misdemeanor.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E6"}},"ancestry":[{"id":15114,"edition_id":1,"name":"Garnishment","identifier":"7","label":"article","depth":3,"order_by":1,"parent_id":13222,"metadata":{},"date_created":"2026-06-26 03:52:14","date_modified":"2026-06-26 03:52:14","permalink":{"id":278281,"object_type":"structure","relational_id":15114,"identifier":"7","token":"8.01\/18\/7","url":"\/8.01\/18\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13222,"edition_id":1,"name":"Executions and Other Means of Recovery","identifier":"18","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:44:28","date_modified":"2026-06-26 03:44:28","permalink":{"id":278063,"object_type":"structure","relational_id":13222,"identifier":"18","token":"8.01\/18","url":"\/8.01\/18\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":72009,"structure_id":15114,"section_number":"8.01-511","catch_line":"Institution of garnishment proceedings","url":"\/8.01-511\/","token":"8.01\/18\/7\/8.01-511","metadata":false},{"id":75941,"structure_id":15114,"section_number":"8.01-511.1","catch_line":"Garnishee inability to determine whether it holds property of judgment debtor","url":"\/8.01-511.1\/","token":"8.01\/18\/7\/8.01-511.1","metadata":false},{"id":61712,"structure_id":15114,"section_number":"8.01-512","catch_line":"Repealed","url":"\/8.01-512\/","token":"8.01\/18\/7\/8.01-512","metadata":false},{"id":58313,"structure_id":15114,"section_number":"8.01-512.2","catch_line":"Fee for garnishee-employers","url":"\/8.01-512.2\/","token":"8.01\/18\/7\/8.01-512.2","metadata":false},{"id":75403,"structure_id":15114,"section_number":"8.01-512.3","catch_line":"Form of garnishment summons","url":"\/8.01-512.3\/","token":"8.01\/18\/7\/8.01-512.3","metadata":false},{"id":68014,"structure_id":15114,"section_number":"8.01-512.4","catch_line":"Notice of exemptions from garnishment and lien","url":"\/8.01-512.4\/","token":"8.01\/18\/7\/8.01-512.4","metadata":false},{"id":80308,"structure_id":15114,"section_number":"8.01-512.5","catch_line":"Hearing on claim of exemption from garnishment","url":"\/8.01-512.5\/","token":"8.01\/18\/7\/8.01-512.5","metadata":false},{"id":71819,"structure_id":15114,"section_number":"8.01-513","catch_line":"Service upon corporation, limited liability company, limited partnership, or financial institution","url":"\/8.01-513\/","token":"8.01\/18\/7\/8.01-513","metadata":false},{"id":58918,"structure_id":15114,"section_number":"8.01-514","catch_line":"When garnishment summons returnable","url":"\/8.01-514\/","token":"8.01\/18\/7\/8.01-514","metadata":false},{"id":71389,"structure_id":15114,"section_number":"8.01-515","catch_line":"How garnishee examined; determining exemption from employee's withholding certificate; amount due pursuant to exemptions in \u00a7 34-29 (a)","url":"\/8.01-515\/","token":"8.01\/18\/7\/8.01-515","metadata":false},{"id":82108,"structure_id":15114,"section_number":"8.01-516","catch_line":"Repealed","url":"\/8.01-516\/","token":"8.01\/18\/7\/8.01-516","metadata":false},{"id":57584,"structure_id":15114,"section_number":"8.01-516.1","catch_line":"Garnishment dispositions","url":"\/8.01-516.1\/","token":"8.01\/18\/7\/8.01-516.1","metadata":false},{"id":70063,"structure_id":15114,"section_number":"8.01-517","catch_line":"Exemption of portion of wages; payment of excess into court","url":"\/8.01-517\/","token":"8.01\/18\/7\/8.01-517","metadata":false},{"id":77207,"structure_id":15114,"section_number":"8.01-518","catch_line":"When garnishee is personal representative of decedent","url":"\/8.01-518\/","token":"8.01\/18\/7\/8.01-518","metadata":false},{"id":65217,"structure_id":15114,"section_number":"8.01-519","catch_line":"Proceedings where garnishee fails to appear or answer, or to disclose his liability","url":"\/8.01-519\/","token":"8.01\/18\/7\/8.01-519","metadata":false},{"id":71461,"structure_id":15114,"section_number":"8.01-520","catch_line":"Payment, etc., by garnishee before return of summons","url":"\/8.01-520\/","token":"8.01\/18\/7\/8.01-520","metadata":false},{"id":74699,"structure_id":15114,"section_number":"8.01-521","catch_line":"Judgments as to costs","url":"\/8.01-521\/","token":"8.01\/18\/7\/8.01-521","metadata":false},{"id":63492,"structure_id":15114,"section_number":"8.01-522","catch_line":"Wages and salaries of State employees","url":"\/8.01-522\/","token":"8.01\/18\/7\/8.01-522","metadata":false},{"id":71088,"structure_id":15114,"section_number":"8.01-523","catch_line":"Service upon federal government","url":"\/8.01-523\/","token":"8.01\/18\/7\/8.01-523","metadata":false},{"id":79213,"structure_id":15114,"section_number":"8.01-524","catch_line":"Wages and salaries of city, town and county officials, clerks and employees","url":"\/8.01-524\/","token":"8.01\/18\/7\/8.01-524","metadata":false},{"id":59780,"structure_id":15114,"section_number":"8.01-525","catch_line":"Who are officers and employees of cities, towns and counties","url":"\/8.01-525\/","token":"8.01\/18\/7\/8.01-525","metadata":false}],"next_section":{"id":75941,"structure_id":15114,"section_number":"8.01-511.1","catch_line":"Garnishee inability to determine whether it holds property of judgment debtor","url":"\/8.01-511.1\/","token":"8.01\/18\/7\/8.01-511.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-511\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 15 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1960, chapter 502; in 1966, chapter 212; in 1972, chapter 104; in 1976, chapter 659; in 1977, chapters 454 and 617; in 1978, chapters 321 and 506; in 1979, chapters 242 and 345; in 1980, chapter 537; in 1983, chapters 399 and 468; in 1984, chapter 1; in 1985, chapter 524; in 1991, chapter 534; in 1996, chapters 501<\/a> and 608<\/a>; in 2006, chapter 55<\/a>; in 2012, chapters 127<\/a>, 129<\/a>, 251<\/a>, and 409<\/a>.<\/p>","references":[{"id":56123,"section_number":"20-78.1","catch_line":"Effect of entry of support order in certain garnishment proceedings","order_by":null,"url":"\/20-78.1\/"},{"id":75403,"section_number":"8.01-512.3","catch_line":"Form of garnishment summons","order_by":null,"url":"\/8.01-512.3\/"},{"id":71819,"section_number":"8.01-513","catch_line":"Service upon corporation, limited liability company, limited partnership, or financial institution","order_by":null,"url":"\/8.01-513\/"},{"id":71461,"section_number":"8.01-520","catch_line":"Payment, etc., by garnishee before return of summons","order_by":null,"url":"\/8.01-520\/"},{"id":71088,"section_number":"8.01-523","catch_line":"Service upon federal government","order_by":null,"url":"\/8.01-523\/"}],"refers_to":[{"id":59856,"section_number":"16.1-278.18","catch_line":"Money judgments","order_by":null,"url":"\/16.1-278.18\/"},{"id":60355,"section_number":"16.1-69.48:2","catch_line":"Fees for services of district court judges and clerks and magistrates in civil cases","order_by":null,"url":"\/16.1-69.48_2\/"},{"id":64144,"section_number":"16.1-99","catch_line":"When and where executions returnable; to whom directed","order_by":null,"url":"\/16.1-99\/"},{"id":71931,"section_number":"17.1-275","catch_line":"Fees collected by clerks of circuit courts; generally","order_by":null,"url":"\/17.1-275\/"},{"id":75565,"section_number":"8.01-251","catch_line":"Limitations on enforcement of judgments","order_by":null,"url":"\/8.01-251\/"},{"id":57169,"section_number":"8.01-296","catch_line":"Manner of serving process upon natural persons","order_by":null,"url":"\/8.01-296\/"},{"id":63076,"section_number":"8.01-475","catch_line":"Subsequent executions","order_by":null,"url":"\/8.01-475\/"},{"id":75403,"section_number":"8.01-512.3","catch_line":"Form of garnishment summons","order_by":null,"url":"\/8.01-512.3\/"},{"id":68014,"section_number":"8.01-512.4","catch_line":"Notice of exemptions from garnishment and lien","order_by":null,"url":"\/8.01-512.4\/"}],"permalink":{"id":278283,"object_type":"law","relational_id":72009,"identifier":"8.01-511","token":"8.01\/18\/7\/8.01-511","url":"\/8.01-511\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-511\/","token":"8.01\/18\/7\/8.01-511","dublin_core":{"Title":"Institution of garnishment proceedings","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-511","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> On a suggestion by the judgment creditor<\/span> that, by reason of the lien<\/span> of his writ of fieri facias<\/span>, there is a liability on any person<\/span> other than the judgment debtor<\/span> or that there is in the hands of some person<\/span> in his capacity as personal representative of some decedent a sum of money to which a judgment debtor<\/span> is or may be entitled as creditor or distributee of such decedent, upon which sum when determined such writ of fieri facias<\/span> is a lien<\/span>, a summons<\/span> in the form prescribed by § 8.01-512.3<\/a> may (i) be sued out of the clerk’s office of the court<\/span> from which an execution on the judgment is issued so long as the judgment shall remain enforceable as provided in § 8.01-251<\/a>, (ii) be sued out of the clerk’s office to which an execution issued thereon has been returned as provided in § 16.1-99<\/a> against such person<\/span>, or (iii) be sued out of the clerk’s office from which an execution issued as provided in § 16.1-278.18<\/a>. If the judgment debtor<\/span> does not reside in the city or county where the judgment was entered, the judgment creditor<\/span> may have the case filed or docketed in the court<\/span> of the city or county where the judgment debtor<\/span> resides and such court<\/span> may issue<\/span> an execution on the judgment, provided that the judgment creditor<\/span> (a) files with the court<\/span> an abstract of the judgment rendered, (b) pays fees to the court<\/span> in accordance with § 16.1-69.48:2<\/a> or subdivision 17 of § 17.1-275<\/a>, and (c) files in both courts<\/span> any release or satisfaction of judgment. The summons<\/span> and the notice and claim for exemption form required pursuant to § 8.01-512.4<\/a> shall be served on the garnishee<\/span>, and shall be served on the judgment debtor<\/span> promptly after service on the garnishee<\/span>. Service on the judgment debtor<\/span> and the garnishee<\/span> shall be made pursuant to subdivision 1 or 2 of § 8.01-296<\/a>. When making an application for garnishment<\/span>, the judgment creditor<\/span> shall set forth on the suggestion for summons<\/span> in garnishment<\/span> the last known address of the judgment debtor<\/span>, and shall furnish the clerk, if service is to be made by the sheriff<\/span>, or shall furnish any other person<\/span> making service with an envelope, with first-class postage attached, addressed to such address. A copy of the summons<\/span> and the notice and claim for exemptions form required under § 8.01-512.4<\/a> shall be sent by the clerk to the sheriff<\/span> or provided by the judgment creditor<\/span> to the person<\/span> making service, with the process to be served. Promptly after service on the garnishee<\/span>, the person<\/span> making service shall mail such envelope by first-class mail to the judgment debtor<\/span> at his last known address. If the person<\/span> making service is unable to serve the judgment debtor<\/span> pursuant to subdivision 1 of § 8.01-296<\/a>, such mailing shall satisfy the mailing requirements of subdivision 2 b of § 8.01-296<\/a>. The person<\/span> making service shall note on his return the date of such mailing which, with the notation “copy mailed to judgment debtor<\/span>,” shall be sufficient proof of the mailing of such envelope with the required copy of the summons<\/span> and the notice and claim for exemption form with no examination of such contents being required nor separate certification by the clerk or judgment creditor<\/span> that the appropriate documents have been so inserted. If the person<\/span> making service is unable to serve the judgment debtor<\/span> pursuant to subdivision 1 or 2 of § 8.01-296<\/a>, such mailing shall constitute service of process<\/span> on the judgment debtor<\/span>. The judgment creditor<\/span> shall furnish the social security number of the judgment debtor<\/span> to the clerk, except as hereinafter provided. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The judgment creditor<\/span> may require the judgment debtor<\/span> to furnish his correct social security number by the use of interrogatories<\/span>. However, use of such interrogatories<\/span> shall not be a required condition of a judgment creditor<\/span>’s diligent good faith effort to secure the judgment debtor<\/span>’s social security number. Such remedy shall be in addition to all other lawful remedies available to the judgment creditor<\/span>. Upon a representation by the judgment creditor<\/span>, or his agent or attorney, that he has made a diligent good faith effort to secure the social security number of the judgment debtor<\/span> and has been unable to do so, the garnishment<\/span> shall be issued without the necessity for such number. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Except as provided herein, no summons<\/span> shall be issued pursuant to this section for the garnishment<\/span> of wages, salaries, commissions, or other earnings unless it: (i) is in the form prescribed by § 8.01-512.3<\/a>; (ii) is directed to only one garnishee<\/span> for the garnishment<\/span> of only one judgment debtor<\/span>; (iii) contains both the “TOTAL BALANCE DUE” and the social security number of the judgment debtor<\/span> in the proper places as provided on the summons<\/span>; and (iv) specifies that it is a garnishment<\/span> against (a) the judgment debtor<\/span>’s wages, salary, or other compensation or (b) some other debt due or property of the judgment debtor<\/span>. The garnishee<\/span> shall not be liable to the judgment creditor<\/span> for any property not specified in the summons<\/span> as provided in (iv) above. Upon receipt of a summons<\/span> not in compliance with this provision, the garnishee<\/span> shall file a written answer to that effect and shall have no liability to the judgment creditor<\/span>, such summons<\/span> being void upon transmission of the answer. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The judgment creditor<\/span> shall, in the suggestion, specify the amount of interest, if any, that is claimed to be due upon the judgment, calculated to the return day of the summons<\/span>. He shall also set out such credits as may have been made upon the judgment.\n\t\t\tAll costs incurred by the judgment creditor<\/span> after entry of the judgment, in aid of execution of the judgment and paid to a clerk of court<\/span>, sheriff<\/span>, or process server are chargeable against the judgment debtor<\/span>, unless such costs are chargeable against the judgment creditor<\/span> pursuant to § 8.01-475<\/a>. Regardless of the actual amount of the fee paid by the judgment creditor<\/span>, the fee for a process server chargeable against the judgment debtor<\/span> shall not exceed the fee authorized for service by the sheriff<\/span>. All such previous costs chargeable against the judgment debtor<\/span> may be included by the judgment creditor<\/span> as judgment costs in the garnishment<\/span> summons<\/span> form prescribed in § 8.01-512.3<\/a>. This paragraph shall not be construed to limit any cost assessed by a court as part of the judgment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> In addition, the suggestion shall contain an allegation<\/span> that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The summons<\/span> is based upon a judgment upon which a prior summons<\/span> has been issued but not fully satisfied; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> No summons<\/span> has been issued upon his suggestion against the same judgment debtor<\/span> within a period of 18 months, other than under the provisions of subdivision 1; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The summons<\/span> is based upon a judgment granted against a debtor upon a debt due or made for necessary food, rent or shelter, public utilities including telephone service, drugs, or medical care supplied the debtor by the judgment creditor<\/span> or to one of his lawful dependents, and that it was not for luxuries or nonessentials; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The summons<\/span> is based upon a judgment for a debt due the judgment creditor<\/span> to refinance a lawful loan made by an authorized lending institution; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The summons<\/span> is based upon a judgment on an obligation incurred as an endorser or comaker upon a lawful note; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The summons<\/span> is based upon a judgment for a debt or debts reaffirmed after bankruptcy<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Any judgment creditor<\/span> who knowingly gives false information upon any such suggestion or certificate made under this chapter shall be guilty of a Class 1 misdemeanor<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nINSTITUTION OF GARNISHMENT PROCEEDINGS (\u00a7 8.01-511)\n\nA. On a suggestion by the judgment creditor that, by reason of the lien of his\nwrit of fieri facias, there is a liability on any person other than the judgment\ndebtor or that there is in the hands of some person in his capacity as personal\nrepresentative of some decedent a sum of money to which a judgment debtor is or\nmay be entitled as creditor or distributee of such decedent, upon which sum when\ndetermined such writ of fieri facias is a lien, a summons in the form prescribed\nby § 8.01-512.3 may (i) be sued out of the clerk’s office of the\ncourt from which an execution on the judgment is issued so long as the judgment\nshall remain enforceable as provided in § 8.01-251, (ii) be sued out of the\nclerk’s office to which an execution issued thereon has been returned as\nprovided in § 16.1-99 against such person, or (iii) be sued out of the\nclerk’s office from which an execution issued as provided in §\n16.1-278.18. If the judgment debtor does not reside in the city or county where\nthe judgment was entered, the judgment creditor may have the case filed or\ndocketed in the court of the city or county where the judgment debtor resides\nand such court may issue an execution on the judgment, provided that the\njudgment creditor (a) files with the court an abstract of the judgment rendered,\n(b) pays fees to the court in accordance with § 16.1-69.48:2 or subdivision\n17 of § 17.1-275, and (c) files in both courts any release or satisfaction\nof judgment. The summons and the notice and claim for exemption form required\npursuant to § 8.01-512.4 shall be served on the garnishee, and shall be\nserved on the judgment debtor promptly after service on the garnishee. Service\non the judgment debtor and the garnishee shall be made pursuant to subdivision 1\nor 2 of § 8.01-296. When making an application for garnishment, the\njudgment creditor shall set forth on the suggestion for summons in garnishment\nthe last known address of the judgment debtor, and shall furnish the clerk, if\nservice is to be made by the sheriff, or shall furnish any other person making\nservice with an envelope, with first-class postage attached, addressed to such\naddress. A copy of the summons and the notice and claim for exemptions form\nrequired under § 8.01-512.4 shall be sent by the clerk to the sheriff or\nprovided by the judgment creditor to the person making service, with the process\nto be served. Promptly after service on the garnishee, the person making service\nshall mail such envelope by first-class mail to the judgment debtor at his last\nknown address. If the person making service is unable to serve the judgment\ndebtor pursuant to subdivision 1 of § 8.01-296, such mailing shall satisfy\nthe mailing requirements of subdivision 2 b of § 8.01-296. The person\nmaking service shall note on his return the date of such mailing which, with the\nnotation “copy mailed to judgment debtor,” shall be sufficient proof\nof the mailing of such envelope with the required copy of the summons and the\nnotice and claim for exemption form with no examination of such contents being\nrequired nor separate certification by the clerk or judgment creditor that the\nappropriate documents have been so inserted. If the person making service is\nunable to serve the judgment debtor pursuant to subdivision 1 or 2 of §\n8.01-296, such mailing shall constitute service of process on the judgment\ndebtor. The judgment creditor shall furnish the social security number of the\njudgment debtor to the clerk, except as hereinafter provided.\n\nB. The judgment creditor may require the judgment debtor to furnish his correct\nsocial security number by the use of interrogatories. However, use of such\ninterrogatories shall not be a required condition of a judgment creditor’s\ndiligent good faith effort to secure the judgment debtor’s social security\nnumber. Such remedy shall be in addition to all other lawful remedies available\nto the judgment creditor. Upon a representation by the judgment creditor, or his\nagent or attorney, that he has made a diligent good faith effort to secure the\nsocial security number of the judgment debtor and has been unable to do so, the\ngarnishment shall be issued without the necessity for such number.\n\nC. Except as provided herein, no summons shall be issued pursuant to this\nsection for the garnishment of wages, salaries, commissions, or other earnings\nunless it: (i) is in the form prescribed by § 8.01-512.3; (ii) is directed\nto only one garnishee for the garnishment of only one judgment debtor; (iii)\ncontains both the “TOTAL BALANCE DUE” and the social security number\nof the judgment debtor in the proper places as provided on the summons; and (iv)\nspecifies that it is a garnishment against (a) the judgment debtor’s\nwages, salary, or other compensation or (b) some other debt due or property of\nthe judgment debtor. The garnishee shall not be liable to the judgment creditor\nfor any property not specified in the summons as provided in (iv) above. Upon\nreceipt of a summons not in compliance with this provision, the garnishee shall\nfile a written answer to that effect and shall have no liability to the judgment\ncreditor, such summons being void upon transmission of the answer.\n\nD. The judgment creditor shall, in the suggestion, specify the amount of\ninterest, if any, that is claimed to be due upon the judgment, calculated to the\nreturn day of the summons. He shall also set out such credits as may have been\nmade upon the judgment.\n\t\t\tAll costs incurred by the judgment creditor after entry of the judgment, in\naid of execution of the judgment and paid to a clerk of court, sheriff, or\nprocess server are chargeable against the judgment debtor, unless such costs are\nchargeable against the judgment creditor pursuant to § 8.01-475. Regardless\nof the actual amount of the fee paid by the judgment creditor, the fee for a\nprocess server chargeable against the judgment debtor shall not exceed the fee\nauthorized for service by the sheriff. All such previous costs chargeable\nagainst the judgment debtor may be included by the judgment creditor as judgment\ncosts in the garnishment summons form prescribed in § 8.01-512.3. This\nparagraph shall not be construed to limit any cost assessed by a court as part\nof the judgment.\n\nE. In addition, the suggestion shall contain an allegation that:\n\n 1. The summons is based upon a judgment upon which a prior summons has been\n issued but not fully satisfied; or\n\n 2. No summons has been issued upon his suggestion against the same judgment\n debtor within a period of 18 months, other than under the provisions of\n subdivision 1; or\n\n 3. The summons is based upon a judgment granted against a debtor upon a debt\n due or made for necessary food, rent or shelter, public utilities including\n telephone service, drugs, or medical care supplied the debtor by the judgment\n creditor or to one of his lawful dependents, and that it was not for luxuries\n or nonessentials; or\n\n 4. The summons is based upon a judgment for a debt due the judgment creditor\n to refinance a lawful loan made by an authorized lending institution; or\n\n 5. The summons is based upon a judgment on an obligation incurred as an\n endorser or comaker upon a lawful note; or\n\n 6. The summons is based upon a judgment for a debt or debts reaffirmed after\n bankruptcy.\n\nF. Any judgment creditor who knowingly gives false information upon any such\nsuggestion or certificate made under this chapter shall be guilty of a Class 1\nmisdemeanor.\n\nHISTORY: Code 1950, \u00a7 8-441; 1960, c. 502; 1966, c. 212; 1972, c. 104; 1976, c.\n659; 1977, cc. 454, 617; 1978, cc. 321, 506; 1979, cc. 242, 345; 1980, c. 537;\n1983, cc. 399, 468; 1984, c. 1; 1985, c. 524; 1991, c. 534; 1996, cc. 501, 608;\n2006, c. 55; 2012, cc. 127, 129, 251, 409.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}