{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-512.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-512.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-512.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-512.3.html"}],"law_id":75403,"edition_id":1,"section_id":75403,"structure_id":15114,"section_number":"8.01-512.3","catch_line":"Form of garnishment summons","history":"1983, c. 399; 1994, c. 40; 1995, c. 379; 1996, c. 1051; 2006, c. 55; 2017, cc. 36, 143.","full_text":"Any garnishment issued pursuant to \u00a7 8.01-511 shall be in the following form:\n\na\n\nFront side of summons:\n\t\t\tGARNISHMENT SUMMONS\n\t\t\t(Court Name)\n\t\t\t(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.)\n\t\t\t(Name, address and telephone number of judgment creditor’s attorney)\n\t\t\t(Name, street address and social security number of judgment debtor)\n\t\t\t(Name and street address of garnishee)\n\t\t\t______________________________ Hearing Date and Time\n\t\t\tThis is a garnishment against (check only one of the designations below):\n\t\t\t[ ] wages, salary, or other compensation.\n\t\t\t[ ] some other debt due or property of the judgment debtor.\n\t\t\tMAXIMUM PORTION OF DISPOSABLEEARNINGS SUBJECT TO GARNISHMENT\n\t\t\tSTATEMENT\n\t\t\t[ ] 50% [ ] 55% [ ] 60% [ ] 65%\n\t\t\tInterest\n\t\t\t________________________________________Date of Judgment\n\t\t\tTO ANY AUTHORIZED OFFICER: You are hereby commanded to serve this summons on the judgment debtor and the garnishee.\n\t\t\tTO THE GARNISHEE: You are hereby commanded to1\n\nFile a written answer with this court, or2\n\nDeliver payment to this court, or3\n\nAppear 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.\n\t\t\t\tAs 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\n\nThe maximum amount which may be garnished is the “TOTAL BALANCE DUE” as shown on this summons.2\n\nIf 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.\n\t\t\t\tIf 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.\n\t\t\t\t________________________________________Date of Issuance of Summons\n\t\t\t\t________________________________________Clerk\n\t\t\t\t________________________________________Date of delivery of writ of fieri facias to sheriff if different from date of issuance of this summons.b\n\nA plain language interpretation of \u00a7 34-29 shall appear on the reverse side of the summons as follows:\n\t\t\t“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, \u00a7 34-29 of the Code of Virginia, for a full explanation. A copy of \u00a7 34-29 is available at the clerk’s office. If you do not understand the law, call a lawyer for help.)\n\t\t\tAn 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 40 times the minimum hourly wage.”\n\t\t\tBut an employer may withhold a different amount of money from that above if:1\n\nThe 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\n\nMoney is withheld by order of a bankruptcy court; or3\n\nMoney is withheld for a tax debt.\n\t\t\t\t“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.\n\t\t\t\tIf 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.\n\t\t\t\tAn employee cannot be fired because he is garnished for one debt.\n\t\t\t\tFinancial 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.","order_by":null,"text":{"0":{"id":270667,"text":"Any garnishment issued pursuant to \u00a7 8.01-511 shall be in the following form:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"a"},"1":{"id":270668,"text":"Front side of summons:\n\t\t\tGARNISHMENT SUMMONS\n\t\t\t(Court Name)\n\t\t\t(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.)\n\t\t\t(Name, address and telephone number of judgment creditor’s attorney)\n\t\t\t(Name, street address and social security number of judgment debtor)\n\t\t\t(Name and street address of garnishee)\n\t\t\t______________________________ Hearing Date and Time\n\t\t\tThis is a garnishment against (check only one of the designations below):\n\t\t\t[ ] wages, salary, or other compensation.\n\t\t\t[ ] some other debt due or property of the judgment debtor.\n\t\t\tMAXIMUM PORTION OF DISPOSABLEEARNINGS SUBJECT TO GARNISHMENT\n\t\t\tSTATEMENT\n\t\t\t[ ] 50% [ ] 55% [ ] 60% [ ] 65%\n\t\t\tInterest\n\t\t\t________________________________________Date of Judgment\n\t\t\tTO ANY AUTHORIZED OFFICER: You are hereby commanded to serve this summons on the judgment debtor and the garnishee.\n\t\t\tTO THE GARNISHEE: You are hereby commanded to","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"prior_prefix":"","next_prefix":"a1"},"2":{"id":270669,"text":"File a written answer with this court, or","type":"section","prefixes":["a","1"],"prefix":"1","entire_prefix":"a1","prefix_anchor":"a1","level":2,"prior_prefix":"a","next_prefix":"a2"},"3":{"id":270670,"text":"Deliver payment to this court, or","type":"section","prefixes":["a","2"],"prefix":"2","entire_prefix":"a2","prefix_anchor":"a2","level":2,"prior_prefix":"a1","next_prefix":"a3"},"4":{"id":270671,"text":"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.\n\t\t\t\tAs 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:","type":"section","prefixes":["a","3"],"prefix":"3","entire_prefix":"a3","prefix_anchor":"a3","level":2,"prior_prefix":"a2","next_prefix":"a1"},"5":{"id":270672,"text":"The maximum amount which may be garnished is the “TOTAL BALANCE DUE” as shown on this summons.","type":"section","prefixes":["a","1"],"prefix":"1","entire_prefix":"a1","prefix_anchor":"a1","level":2,"prior_prefix":"a3","next_prefix":"a2"},"6":{"id":270673,"text":"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.\n\t\t\t\tIf 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.\n\t\t\t\t________________________________________Date of Issuance of Summons\n\t\t\t\t________________________________________Clerk\n\t\t\t\t________________________________________Date of delivery of writ of fieri facias to sheriff if different from date of issuance of this summons.","type":"section","prefixes":["a","2"],"prefix":"2","entire_prefix":"a2","prefix_anchor":"a2","level":2,"prior_prefix":"a1","next_prefix":"b"},"7":{"id":270674,"text":"A plain language interpretation of \u00a7 34-29 shall appear on the reverse side of the summons as follows:\n\t\t\t“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, \u00a7 34-29 of the Code of Virginia, for a full explanation. A copy of \u00a7 34-29 is available at the clerk’s office. If you do not understand the law, call a lawyer for help.)\n\t\t\tAn 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 40 times the minimum hourly wage.”\n\t\t\tBut an employer may withhold a different amount of money from that above if:","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"a2","next_prefix":"b1"},"8":{"id":270675,"text":"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;","type":"section","prefixes":["b","1"],"prefix":"1","entire_prefix":"b1","prefix_anchor":"b1","level":2,"prior_prefix":"b","next_prefix":"b2"},"9":{"id":270676,"text":"Money is withheld by order of a bankruptcy court; or","type":"section","prefixes":["b","2"],"prefix":"2","entire_prefix":"b2","prefix_anchor":"b2","level":2,"prior_prefix":"b1","next_prefix":"b3"},"10":{"id":270677,"text":"Money is withheld for a tax debt.\n\t\t\t\t“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.\n\t\t\t\tIf 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.\n\t\t\t\tAn employee cannot be fired because he is garnished for one debt.\n\t\t\t\tFinancial 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.","type":"section","prefixes":["b","3"],"prefix":"3","entire_prefix":"b3","prefix_anchor":"b3","level":2,"prior_prefix":"b2"}},"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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-512.3\/","history_text":"

This law was first created in 1983. The record of its establishment is cataloged in chapter 399 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1983 \u201cActs\u201d aren\u2019t available online. It has been modified 5 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 1994, chapter 40<\/a>; in 1995, chapter 379<\/a>; in 1996, chapter 1051<\/a>; in 2006, chapter 55<\/a>; in 2017, chapters 36<\/a> and 143<\/a>.<\/p>","references":[{"id":72009,"section_number":"8.01-511","catch_line":"Institution of garnishment proceedings","order_by":null,"url":"\/8.01-511\/"}],"refers_to":[{"id":85697,"section_number":"34-29","catch_line":"Maximum portion of disposable earnings subject to garnishment","order_by":null,"url":"\/34-29\/"},{"id":72009,"section_number":"8.01-511","catch_line":"Institution of garnishment proceedings","order_by":null,"url":"\/8.01-511\/"}],"permalink":{"id":278299,"object_type":"law","relational_id":75403,"identifier":"8.01-512.3","token":"8.01\/18\/7\/8.01-512.3","url":"\/8.01-512.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-512.3\/","token":"8.01\/18\/7\/8.01-512.3","dublin_core":{"Title":"Form of garnishment summons","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-512.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Any garnishment<\/span> issued pursuant to \u00a7 8.01-511<\/a> shall be in the following form:<\/p><\/section>\n\t\t\t\t\t\t

a.<\/span> Front side of summons<\/span>:\n\t\t\tGARNISHMENT<\/span> SUMMONS<\/span>\n\t\t\t(Court<\/span> Name)\n\t\t\t(Name, address and telephone number of judgment creditor<\/span> except that when the judgment creditor<\/span>’s attorney’s name, address and telephone number appear on the summons<\/span>, only the creditor’s name shall be used.)\n\t\t\t(Name, address and telephone number of judgment creditor<\/span>’s attorney)\n\t\t\t(Name, street address and social security number of judgment debtor<\/span>)\n\t\t\t(Name and street address of garnishee<\/span>)\n\t\t\t______________________________ Hearing<\/span> Date and Time\n\t\t\tThis is a garnishment<\/span> against (check only one of the designations below):\n\t\t\t[ ] wages, salary, or other compensation.\n\t\t\t[ ] some other debt due or property of the judgment debtor<\/span>.\n\t\t\tMAXIMUM PORTION OF DISPOSABLEEARNINGS SUBJECT TO GARNISHMENT<\/span>\n\t\t\tSTATEMENT\n\t\t\t[ ] 50% [ ] 55% [ ] 60% [ ] 65%\n\t\t\tInterest\n\t\t\t________________________________________Date of Judgment\n\t\t\tTO ANY AUTHORIZED OFFICER: You are hereby commanded to serve this summons<\/span> on the judgment debtor<\/span> and the garnishee<\/span>.\n\t\t\tTO THE GARNISHEE<\/span>: You are hereby commanded to <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> File a written answer with this court<\/span>, or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Deliver payment to this court<\/span>, or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Appear before this court<\/span> on the return date and time shown on this summons<\/span> to answer the Suggestion for Summons<\/span> in Garnishment<\/span> of the judgment creditor<\/span> that, by reason of the lien<\/span> of writ of fieri facias<\/span>, there is a liability as shown in the statement upon the garnishee<\/span>.\n\t\t\t\tAs garnishee<\/span>, you shall withhold from the judgment debtor<\/span> any sums of money to which the judgment debtor<\/span> is or may be entitled from you during the period between the date of service of this summons<\/span> on you and the date for your appearance<\/span> in court<\/span>, subject to the following limitations: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The maximum amount which may be garnished is the “TOTAL BALANCE DUE” as shown on this summons<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If the sums of money being garnished are earnings of the judgment debtor<\/span>, then the provision of “MAXIMUM PORTION OF DISPOSABLE EARNINGS<\/span> SUBJECT TO GARNISHMENT<\/span>” shall apply.\n\t\t\t\tIf a garnishment<\/span> summons<\/span> is served on an employer having 1,000 or more employees, then money to which the judgment debtor<\/span> 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<\/span>-employer, are determined and are payable to the judgment debtor<\/span> under the garnishee<\/span>-employer’s normal payroll procedure with a reasonable time allowance for making a timely return by mail to this court<\/span>.\n\t\t\t\t________________________________________Date of Issuance of Summons<\/span>\n\t\t\t\t________________________________________Clerk\n\t\t\t\t________________________________________Date of delivery of writ of fieri facias<\/span> to sheriff<\/span> if different from date of issuance of this summons<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> A plain language interpretation of \u00a7 34-29<\/a> shall appear on the reverse<\/span> side of the summons<\/span> as follows:\n\t\t\t“The following statement is not the law<\/span> but is an interpretation of the law<\/span> which is intended to assist those who must respond to this garnishment<\/span>. You may rely on this only for general guidance because the law<\/span> itself is the final word. (Read the law<\/span>, \u00a7 34-29<\/a> of the Code of Virginia, for a full explanation. A copy of \u00a7 34-29<\/a> is available at the clerk’s office. If you do not understand the law<\/span>, call a lawyer for help.)\n\t\t\tAn employer may take as much as 25 percent of an employee’s disposable earnings<\/span> to satisfy this garnishment<\/span>. But if an employee makes the minimum wage or less for his week’s earnings, the employee will ordinarily get to keep 40 times the minimum hourly wage.”\n\t\t\tBut an employer may withhold a different amount of money from that above if: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The employee must pay child support or spousal support and was ordered to do so by a court<\/span> procedure or other legal procedure. No more than 65 percent of an employee’s earnings may be withheld for support; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Money is withheld by order<\/span> of a bankruptcy court<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Money is withheld for a tax debt.\n\t\t\t\t“Disposable earnings<\/span>” means the money an employee makes after taxes and after other amounts required by law<\/span> 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.\n\t\t\t\tIf an employee tries to transfer, assign, or in any way give his earnings to another person<\/span> to avoid the garnishment<\/span>, it will not be legal; earnings are still earnings.\n\t\t\t\tAn employee cannot be fired because he is garnished for one debt.\n\t\t\t\tFinancial institutions that receive an employee’s paycheck by direct deposit do not have to determine what part of a person<\/span>’s earnings can be garnished. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nFORM OF GARNISHMENT SUMMONS (\u00a7 8.01-512.3)\n\nAny garnishment issued pursuant to \u00a7 8.01-511 shall be in the following form:\n\na. Front side of summons:\n\t\t\tGARNISHMENT SUMMONS\n\t\t\t(Court Name)\n\t\t\t(Name, address and telephone number of judgment creditor except that when the\njudgment creditor’s attorney’s name, address and telephone number\nappear on the summons, only the creditor’s name shall be used.)\n\t\t\t(Name, address and telephone number of judgment creditor’s attorney)\n\t\t\t(Name, street address and social security number of judgment debtor)\n\t\t\t(Name and street address of garnishee)\n\t\t\t______________________________ Hearing Date and Time\n\t\t\tThis is a garnishment against (check only one of the designations below):\n\t\t\t[ ] wages, salary, or other compensation.\n\t\t\t[ ] some other debt due or property of the judgment debtor.\n\t\t\tMAXIMUM PORTION OF DISPOSABLEEARNINGS SUBJECT TO GARNISHMENT\n\t\t\tSTATEMENT\n\t\t\t[ ] 50% [ ] 55% [ ] 60% [ ] 65%\n\t\t\tInterest\n\t\t\t________________________________________Date of Judgment\n\t\t\tTO ANY AUTHORIZED OFFICER: You are hereby commanded to serve this summons on\nthe judgment debtor and the garnishee.\n\t\t\tTO THE GARNISHEE: You are hereby commanded to\n\n 1. File a written answer with this court, or\n\n 2. Deliver payment to this court, or\n\n 3. Appear before this court on the return date and time shown on this summons\n to answer the Suggestion for Summons in Garnishment of the judgment creditor\n that, by reason of the lien of writ of fieri facias, there is a liability as\n shown in the statement upon the garnishee.\n \t\t\t\tAs garnishee, you shall withhold from the judgment debtor any sums of\n money to which the judgment debtor is or may be entitled from you during the\n period between the date of service of this summons on you and the date for\n your appearance in court, subject to the following limitations:\n\n 1. The maximum amount which may be garnished is the “TOTAL BALANCE\n DUE” as shown on this summons.\n\n 2. If the sums of money being garnished are earnings of the judgment debtor,\n then the provision of “MAXIMUM PORTION OF DISPOSABLE EARNINGS SUBJECT TO\n GARNISHMENT” shall apply.\n \t\t\t\tIf a garnishment summons is served on an employer having 1,000 or more\n employees, then money to which the judgment debtor is or may be entitled from\n his or her employer shall be considered those wages, salaries, commissions, or\n other earnings which, following service on the garnishee-employer, are\n determined and are payable to the judgment debtor under the\n garnishee-employer’s normal payroll procedure with a reasonable time\n allowance for making a timely return by mail to this court.\n \t\t\t\t________________________________________Date of Issuance of Summons\n \t\t\t\t________________________________________Clerk\n \t\t\t\t________________________________________Date of delivery of writ of fieri\n facias to sheriff if different from date of issuance of this summons.\n\nb. A plain language interpretation of \u00a7 34-29 shall appear on the reverse side\nof the summons as follows:\n\t\t\t“The following statement is not the law but is an interpretation of the\nlaw which is intended to assist those who must respond to this garnishment. You\nmay rely on this only for general guidance because the law itself is the final\nword. (Read the law, \u00a7 34-29 of the Code of Virginia, for a full explanation. A\ncopy of \u00a7 34-29 is available at the clerk’s office. If you do not\nunderstand the law, call a lawyer for help.)\n\t\t\tAn employer may take as much as 25 percent of an employee’s disposable\nearnings to satisfy this garnishment. But if an employee makes the minimum wage\nor less for his week’s earnings, the employee will ordinarily get to keep\n40 times the minimum hourly wage.”\n\t\t\tBut an employer may withhold a different amount of money from that above if:\n\n 1. The employee must pay child support or spousal support and was ordered to\n do so by a court procedure or other legal procedure. No more than 65 percent\n of an employee’s earnings may be withheld for support;\n\n 2. Money is withheld by order of a bankruptcy court; or\n\n 3. Money is withheld for a tax debt.\n \t\t\t\t“Disposable earnings” means the money an employee makes after\n taxes and after other amounts required by law to be withheld are satisfied.\n Earnings can be salary, hourly wages, commissions, bonuses, or otherwise,\n whether paid directly to the employee or not. After those earnings are in the\n bank for 30 days, they are not considered earnings any more.\n \t\t\t\tIf an employee tries to transfer, assign, or in any way give his earnings\n to another person to avoid the garnishment, it will not be legal; earnings are\n still earnings.\n \t\t\t\tAn employee cannot be fired because he is garnished for one debt.\n \t\t\t\tFinancial institutions that receive an employee’s paycheck by direct\n deposit do not have to determine what part of a person’s earnings can be\n garnished.\n\nHISTORY: 1983, c. 399; 1994, c. 40; 1995, c. 379; 1996, c. 1051; 2006, c. 55;\n2017, cc. 36, 143.","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}}