Garnishment Summons

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF VIRGINIA In re Chapter Debtor(s) Case No. Adv. Proc. No. GARNISHMENT SUMMONS Judgment Creditor (Name & Street Address) Judgment Debtor (Name, Street Address & S.S. No.) Hearing Date and Time ___________________________________________________ _, in the United States District CourtMAXIMUM PORTION OF STATEMENT DISPOSABLE EARNINGS SUBJECT Judgment Principa l $ __________________ TO GARNISHMENT Credits $ __________________ Interest $ __________________ Support Judgment Cost s $ __________________ 50% 55% 60% 65% Attorneys Fees $ __________________(if not specified, then 50%) Garnishment Cost s $ __________________ state taxes, 100% If none of the above are checked, then TOTAL BALANCE 34-29(a) (printed on the reverse DUE $ __________________side of this summons) applies The garnishee shall rely on this amount.________________________________ Date of Judgment TO ANY AUTHORIZED OFFICER: You are hereby commanded to serve this summons on the judgment debtor an dthe 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 return date and time shown on this summons to answer the Suggestion forS ummons in Garnishment of the judgment creditor that, by reason of the lien of writ of fieri facias, there is a liabilityas shown in the statement upon the garnishee. As garnishee, you shall withhold from the judgment debtor any sums of mone y to which the judgment debtor is ormay be entitled from you during the period between the date of service of this summons on you and the date for yourappearance in court, subject to the following limitations: (1) The maximum amount which may be garnished is the "TOTAL BALANCE D UE" as shown on this summons.(2) If the sums of money being garnished are earnings of the judgment debtor, th en the provision of "MAXIMUMPORTION OF DISPOSABLE EARNINGS SUBJECT TO GARNISHMENT" shall apply. <<<<<<<<<********>>>>>>>>>>>>> 2If a garnishment summons is served on an employer having 1,000 or more employees, then money to which thejudgment 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 payabl eto the judgment debtor under the garnishee-employers normal payroll procedure with a re asonable time allowancefor making a timely return by mail to this court. _______________________________________________ CLERK, U. S. BANKRUPTCY COURT Date of Issuance of Summons _______________________________________________ By _______________________________ Date of delivery of writ of fieri facias to sheriff if Deputy Clerkdifferent from date of issuance of this summons 34-29. Maximum portion of disposable earnings subject to garnishment. -- (a) Except as provided in subsection s(b) and (b1), the maximum part of the aggregate disposable earnings of an ind ividual for any workweek which issubjected to garnishment may not exceed the lesser of the following amou nts: (1) Twenty-five per centum of his disposable earnings for that week, or (2) the amount by which his disposable earnings for that week exceed thirty times the federal minimumhourly 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 Industryshall by regulation prescribe a multiple of the federal minimum hourly wage eq uivalent in effect to that set forth inthis 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 withan administrative procedure, which is established by state law, which affords substantial due pro cess, and which issubject to judicial review. (2) Any order of any court of bankruptcy under Chapter XIII of the Ba nkruptcy Act. (3) Any debt due for any state or federal tax. (b1) The maximum part of the aggregate disposable earnings of an individual for any workweek which issubject to garnishment to enforce any order for the support of any perso n shall not exceed: (1) Sixty per centum of such individuals disposable earnings for tha t week; or (2) If such individual is supporting a spouse or dependent child other than the spouse or child with respectto whose support such order was issued, fifty per centum of such individ uals disposable earnings for that week. The fifty per centum specified in clause (b1)(2) shall be fifty-five pe r centum and the sixty per centumspe cified in clause (b1)(1) shall be sixty-five per centum if and to the exte nt that such earnings are subject togarnishment to enforce an order for support for a period which is more than twelve we eks prior to the beginning ofsuch workweek. (c) No court of the State and no state agency or officer may make, execute, or enforce any order or pro cessin violation of this section. The exemptions allowed herein shall be granted to any person so entitled without any further proceedings. (d) For the purposes of this section (1) The term "earnings" means compensation paid or payable for personal services, whether denom inatedas wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a pension orretirement program, (2) The term "disposable earnings" means that part of the earnings of any individual remaining after thededuction from those earnings of any amounts required by law to be withh eld, and (3) The term "garnishment" means any legal or equitable procedure through which the earnings of an yindividual are required to be withheld for payment of any debt. (e) Every assignment, sale, transfer, pledge or mortgage of the wages or salary of an individual which isexempted by this section, to the extent of the exemption provided by thi s section, shall be void and unenforceableby any process of law. (f) No employer may discharge any employee by reason of the fact that his earnings have been subjectedto garnishment for any one indebtedness. (Code 1919, 6555; 1928, p. 348; 1938, p. 574; 1948, p. 489; 1952, c. 432;1954, cc. 143, 379; 1958, cc. 217, 417; 1960, c. 498; 1970, c. 428; 1978 , c. 564.)