GARNISHMENT SUMMONS Commonwealth of Virginia CASE NO. HEARING DATE & TIME Va. Code §§ 8.01-511, 8.01-512.3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General District Court COURT NAME ..................................................................................................... COURT ADDRESS AND TELEPHONE NUMBER 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 hearing 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) You shall not be liable to the judgment creditor for any property not specified in this garnishment summons. (3) 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 one thousand 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, commission 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 AND TIME OF DELIVERY OF WRIT OF FIERI FACIAS TO SHERIFF IF DIFFERENT FROM DATE OF ISSUANCE OF THIS SUMMONS TO GARNISHEE: On check or written answer, include return date, case number and judgment debtor’s name. MAKE CHECK PAYABLE .................................................. JUDGMENT CREDITOR’S NAME ................................................... STREET ADDRESS .................................................. CITY, STATE, ZIP .................................................. TELEPHONE NUMBER .................................................. JUDGMENT CREDITOR’S ATTORNEY’S NAME .................................................. ADDRESS ................................................. TELEPHONE NUMBER .................................................. JUDGMENT DEBTOR’S NAME (SERVE) .................................................. STREET ADDRESS .................................................. CITY, STATE, ZIP TO JUDGMENT CREDITOR AND DELIVER TO THE COURT. .................................................. SOCIAL SECURITY NUMBER TELEPHONE NUMBER .................................................. GARNISHEE’S NAME WRIT OF FIERI FACIAS TO ANY AUTHORIZED OFFICER: You are commanded to execute this writ and to make from the intangible personal estate of the judgment debtor(s) the principal, interest, costs and attorney’s fees, less credits, shown in the Garnishment Summons. You are further commanded to make your return to the clerk’s office according to law. Homestead Exemption Waived? [ ] yes [ ] no [ ] cannot be demanded ................................. DATE OF ISSUANCE OF WRIT ________________________________________________________ CLERK DATE ENTERED FORM DC-451 (FRONT) 1/07 .................................................. CITY, STATE, ZIP .................... $. . . . . . . . . . . . . . . . . [ ] the case be DISMISSED. [ ].................................................................................................. .................................. STREET ADDRESS ........................ TELEPHONE NUMBER STATEMENT I ORDER that [ ] the garnishee pay to the judgment creditor through the court $ . . . . . . . . . . . . . . . . . . . . . . . net of any credits. ______________________________________________________ JUDGE ................. ................. ................. ................. ................. This is a garnishment against (check only one) [ ] the judgment debtor’s wages, salary or other compensation. [ ] some other debt due or property of the judgment debtor, specifically, . . . . . . . ......................... ......................... MAXIMUM PORTION OF DISPOSABLE EARNINGS SUBJECT TO GARNISHMENT [ ] Support [ ] 50% [ ] 55% [ ] 60% [ ] 65% (if not specified, then 50%) .................................................. DATE OF JUDGMENT CASE DISPOSITION GARNISHMENT SUMMONS Judgment Principal Credits Interest Judgment Costs Attorney’s Fees Garnishment Costs ....................... TOTAL BALANCE DUE The garnishee shall rely on this amount. [ ] state taxes, 100% If none of the above are checked, then § 34-29(a) applies (a plain-language interpretation of this section is on the reverse of this GARNISHMENT SUMMONS). $....................... received by ........................ JUDGMENT CREDITOR [ ] Judgment debtor present ......................... DATE American LegalNet, Inc. www.FormsWorkflow.com 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 any 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. 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, payments to an independent contractor, or otherwise, whether paid directly to the employee or not. 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. 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. CAME TO HAND .................................................................................................................. RETURNS: The judgment debtor was served, according to law, as indicated below, unless not found, with a copy of both this summons and the § 8.01-512.4 form. DATE AND TIME JUDGMENT DEBTOR ..................................................................... ________________________________________________________ ADDRESS .......................................................................................... SHERIFF ............................................................................................................. NOTE: Return of Writ of Fieri Facias to be used if no effects found otherwise, use appropriate sections of DC-467, WRIT OF FIERI FACIAS. [ ] NO EFFECTS FOUND ........................................................................................................................ DATE RETURNS: The following garnishee was served, according to law, as indicated below, unless not found. GARNISHEE ................................................................................. ADDRESS ...................................................................................... ......................................................................................................... [ ] PERSONAL SERVICE [ ] FEDERAL SERVICE* [ ] Being unable to make personal service, a copy was delivered in the following manner: [ ] Served on registered agent of the corporation. List name and title: ................................................................................................ ................................................................................................ [ ] Delivered to family member (not temporary sojourner or guest) age 16 or older at usual place of abode of party named above after giving information of its purport. List name, age of recipient, and relation of recipient to party named above. ................................................................................................ ................................................................................................ [ ] Posted on front door or such other door as appears to be the main entrance of usual place of abode, address listed above. (Other authorized recipient not found.) [ ] PERSONAL SERVICE [ ] Being unable to make personal service, a copy was delivered in the following manner: [ ] Delivered to family member (not temporary sojourner or guest) age 16 or older at usual place of abode of party named above after giving information of its purport. List name, age of recipient, and relation of recipient to party named above. .................................................................................................... [ ] Served on the Secretary of the Commonwealth [ ] Served on the Clerk of the State Corporation Commission, pursuant to § 8.01-513. [ ] Copy mailed to judgment debtor after serving the garnishee on date of service unless a different date of mailing is shown. ................................................................................................ DATE OF MAILING ___________________________________________________________ SHERIFF ___________________________________________________________ DEPUTY SHERIFF .................................................................................................... [ ] Posted on front door or such other door as appears to be the main entrance of usual place of abode, address listed above. (Other authorized recipient not found.) [ ] Served on Secretary of the Commonwealth. [ ] Not found ____________________________________ SERVING OFFICER [ ] Not found ____________________________________ SERVING OFFICER ................................... for .............................................................. DATE OF SERVICE * Federal garnishment statutes, 5 U.S.C. § 5520a(c)(1) and 42 U.S.C. § 659 provide that the garnishee, when a federal agency, may be served either personally or by certified or registered mail, return receipt requested. ................................... for .................................................................. DATE OF SERVICE FORM DC-451 (REVERSE) 1/07 American LegalNet, Inc. www.FormsWorkflow.com