                                 CODE OF VIRGINIA

INSTITUTION OF GARNISHMENT PROCEEDINGS (§ 8.01-511)

A. 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 &#xA7; 8.01-512.3 may (i) be sued out of the clerk&#8217;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 &#xA7; 8.01-251, (ii) be sued out of the
clerk&#8217;s office to which an execution issued thereon has been returned as
provided in &#xA7; 16.1-99 against such person, or (iii) be sued out of the
clerk&#8217;s office from which an execution issued as provided in &#xA7;
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 &#xA7; 16.1-69.48:2 or subdivision
17 of &#xA7; 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 &#xA7; 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 &#xA7; 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 &#xA7; 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 &#xA7; 8.01-296, such mailing shall satisfy
the mailing requirements of subdivision 2 b of &#xA7; 8.01-296. The person
making service shall note on his return the date of such mailing which, with the
notation &#8220;copy mailed to judgment debtor,&#8221; 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 &#xA7;
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. 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&#8217;s
diligent good faith effort to secure the judgment debtor&#8217;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. 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 &#xA7; 8.01-512.3; (ii) is directed
to only one garnishee for the garnishment of only one judgment debtor; (iii)
contains both the &#8220;TOTAL BALANCE DUE&#8221; 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&#8217;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. 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.
			All 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 &#xA7; 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 &#xA7; 8.01-512.3. This
paragraph shall not be construed to limit any cost assessed by a court as part
of the judgment.

E. In addition, the suggestion shall contain an allegation that:

   1. The summons is based upon a judgment upon which a prior summons has been
   issued but not fully satisfied; or

   2. 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

   3. 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

   4. 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

   5. The summons is based upon a judgment on an obligation incurred as an
   endorser or comaker upon a lawful note; or

   6. The summons is based upon a judgment for a debt or debts reaffirmed after
   bankruptcy.

F. 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.

HISTORY: Code 1950, § 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.