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Garnishment Summons CCR G-80 - Virginia
| Garnishment Summons Form. This is a Virginia form and can be used in Garnishment Circuit Court Fairfax Local County . |
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GARNISHMENT SUMMONS In the Circuit Court of Fairfax County, Virginia Virginia Code 8.01-511, 512, 512.3 At Law Number: JUDGMENT CREDITOR: Address: Phone: JUDGMENT CREDITORS ATTORNEY: Address: Va. Bar #: Phone: Versus JUDGMENT DEBTOR: Address: SSN: Return Date: at 9:00 a.m. GARNISHEE: Address: Review Date: STATEMENT Judgment Principal $ Maximum Portion of Disposable Earnings Subject to Garnishment Credits [ ] SUPPORT Interest [ ] 50% [ ] 55% [ ] 60% [ ] 65% (If not specified, then 50%) Judgment Costs [ ] State Taxes, 100% Attorneys Fees If none of the above are checked, then 34-29(a)(printed on the r everse Garnishment Costs side of this summons) applies. Total Balance Due $ The Garnishee shall rely on this amount. Judgment Number: Date of Judgment: Place of Judgment: 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: Circuit Court of Fairfax County, 4110 Chain Bridge Road, Fairfax, VA 22030 Attn: Civil Case Processing OR (2) deliver payment to this court payable to "CLERK, CIRCUIT COURT," OR (3) appear before this court on the return dand tte aime shown on this summons to answer the Suggestion for Summons in Garnishment of the judgment credthat, by reason of the lien of writ of fieri facias, itor 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) 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, commissions or other earnings which, following service on the garnishee-employer, are determined and are payable to the judgment debtor under the garnishee-employers normal payroll procedure with a reasonable time allowance for making a timely return by mail to this court. CCR G-80 July 2005 American LegalNet, Inc. www.USCourtForms.com<<<<<<<<<********>>>>>>>>>>>>> 2 EXEMPTION CLAIM: IF A JUDGMENT DEBTOR REQUESTS A HEARING ON AN EXEMPTION CLAIM, SUCH CLAIM SHOULD BE FILED WITH THE CLERK OF THE CIRCUIT COURT WITHIN TEN DAYS OF SERVICE UPON YOU. (SEE ATTACHED EXEMPTION CLAIM FORM) JOHN T. FREY, CLERK Date of Issuance of Summons By: _______________________________ Date of Delivery of Writ of Fieri Facias Deputy Clerk To Sheriff or any authorized Officer if different from Date of Issuance of this Summons. Creditor / Attorney Signature __________________________________ Attorney Bar # Certificate of Mailing True copies of this Garnishment Summons and Garnishment Exemption Claim Form were mailed to the Judgment Debtor on: Date Mailed Deputy Sheriff 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 in the Clerks Office. If you do not understand the law, call a lawy er for help.) An employer may take as much as 25 percent of an employees disposable earnings to satisfy this garnishment. But if any employee makes the minimum wage or less for his weeks 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 co urt procedure or other legal procedure. No more than 65 percent of an employees 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, or otherwise, whether paid directly to the employee or not. After those earnings are in the bank for thirty (30) days, they are not considered earnings anymore. 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. An employee cannot be fired because he is garnished for one debt. Financial Institutions that receive an employees paycheck by direct deposit do not have to determine what part of a persons earnings can be garnished. CCR G-80 July 2005 American LegalNet, Inc. www.USCourtForms.com<<<<<<<<<********>>>>>>>>>>>>> 3 34-29. Maximum portion of disposable earnings subject to garnishment. (a) Except as provided in subsections (b) and (b1), the maximum part of the aggregate disposable earnings of an individual for any workweek which is subjected to garnish ment may not exceed the lesser of the following amounts: (1) twenty-five per cent of his disposable earnings for that week, or (2) the amount by which his disposable earnings for that week exceed 40 times the federal minimum hourly wage prescribed by 206 (a) (1) of Title 29 of the United States Code in effect at the time earnings are payable. In the case of earnings for any pay period other than a week, the State Commissioner of Labor and Industry shall by regulation prescribe a multiple of the federal minimum hourly wage equivalent in effect to that set forth in this section. (b) The restrictions of subsection (a) do not apply in the case of: (1) any order for the support of any person issued by a court of competent jurisdiction or in accordance with an administrative procedure, which is established by state law, which affords substantial due process, and which is subject to judicial review; (2) any order of any court of bankruptcy under Chapter XIII of the Bankruptc y Act; (3) any debt due for any state or federal tax. (b1) The maximum part of the aggregate
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