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Garnishments


A Garnishment is a post-judgment collection process whereby a judgment creditor may levy against a portion of a judgment debtor’s wages or bank accounts. Pursuant to Virginia Code Section 34-29, the amount subject to garnishment may not exceed the lesser of (i) 25 percent of the worker’s disposable weekly earnings or (ii) the amount by which his disposable earning exceed 40 times the federal minimum hourly wage. See VA Code Sections 8.01-466, 8.01-511, 16.1-116 and 16.1-69.55(4) for authority to issue executions and summons in garnishment.


Procedure:


  • Clerk receives original of completed Suggestion for Summons (Form CC-1485) in Garnishment, filing fee and Sheriff’s fees.
  • Clerk prepares Garnishment Summons and dockets the case for garnishment hearing.
  • Clerk issues Garnishment Summons and records issuance of service.
  • Hearing is held and order is prepared dismissing, modifying or affirming garnishment; clerk sends a copy of order to garnishee if garnishment dismissed or modified.

A Garnishment can only be issued in this Court if the Judgment comes from a case decided in the Middlesex County Circuit Court or is a Foreign Judgment docketed in this Court.




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