Last updated: 8/6/2008
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GARNISHMENT SUMMONS COURT NAME VA. C ODE ANN . §§ 8.01-5 11, 512.3 CASE NO. JUDGMENT CREDITOR'S NAME HEARING DATE A N D T IM E United States District Court for the Eastern District of Virginia, Alexandria Division 401 Courthouse Square, Alexandria, VA. 22314 COURT ADDRESS * STREET ADDRESS Date: * CITY, STATE, ZIP TO AN Y AUT HORIZED OFFICER: Y ou are hereby commanded to serve this summons on the judgment debtor and the garnishee. TO THE GAR NISHEE: 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 execution, 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 judgmen t debtor is or may be entitled from you d uring the perio d betwee n the date of se rvice of this summons on you and the date for your appearance in court, subject to the following limitations: (1) The ma ximum am ount which m ay be garnish ed is the "TO TAL B ALAN CE DU E" as show n on this provision of "MAXIMUM PORTION OF DISPOSABLE EARNINGS SUBJECT TO GARN ISHM ENT " shall apply. If a garnishmen t summons is served on an emplo yer having on e thousand or more e mployees , 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 garnisheeemployer's normal payroll procedure with a reasonable time allowance for making a timely return by mail to this co urt. DATE OF ISSUANCE DATE OF DELIVERY OF WRIT OF EX ECUTION TO SHERI FF IF DIFFERENT FROM DATE OF ISSUANCE OF THIS SUMMONS BY: DEPUTY CLERK CLERK * TELEPHONE NO. Time: 10:00 A.M. JUDGMENT CREDITOR'S ATTORNEY'S NAME ADDRESS TELEPHONE NO. JUDGMENT DEBTOR'S NAME (SERVE) STREET ADDRESS CITY, STATE, ZIP SOCIAL SECURITY NUMBER GARNISHEE'S NAME (SERVE) STREET ADDRESS To Garnishee: On check or written answer, include return date, case number and judgment debtor's name. CITY, STATE, ZIP * When Judgment Creditor's Attorney's name, address and telephone number appear on this summons, do not include Creditor's address or telephone number. DATE OF JUDGMENT Writ of Execution To Any Authorized Officer: You are commanded to levy upon the personal property of the Defendant(s) and to make from the tangible per sonal pro perty and m onies of the D efendant(s) th e principal, inte rest, costs and attorney's fees, less credits, as shown in the Garnishment Summons. You are further commanded to make your return to the clerk's office within 90 days of this date, and to notify the person entitled to receive such money, if such person is known and if any money is received, as required by law. Homestead Exemption Waived? DATE By: Deputy Clerk STATEMENT $ Judgment Principal Credits Interest Judgmen t Costs Attorney's Fee Garnishme nt Costs TOTAL BALANCE DUE The gar nishee shall rely o n this amoun t. MAXIMUM PORTION OF D I S P O SA B L E E AR N I N G S S U B J E C T T O G A R N I SH M E N T Q yes Q no Q cannot be demanded CLERK G Support G 50% G 55% G 60% G 65% (If not specified, then 50%) state taxes, 100% If none of the above are checked, then § 34-29(a) (printed on the reverse side of this summons) applies. American LegalNet, Inc. www.FormsWorkflow.com Case Disposition ORDER that Garnishee pay to Judgment Creditor: $ net of any credits Date Entered FORM DC-451 1/96 PC (114:6-010 1/99) Q DISMISSED Q OTHER Judge G 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 30 times the minimum hourly wage. But an employer may withhold a different amou nt 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 institutio ns that receive an employee's p aycheck by direct deposit d o not have to determin e what part of a person's ear nings can be garnished. RETURNS: Each defend ant was served , accordin g to law, as indicated below, unless not found, with a copy of both this summon s and the § 8.01-51 2.4 form. GARNISHEE ADDRESS G PERSONAL SERVICE G G FEDERAL SERVICE* Being unable to make personal service, a copy was delivered in the following manner: G Served on registered agent of the corporation. List name and title: G JUDGMENT DEBTOR 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. ADDRESS G PERSONAL SERVICE G Posted on front door or such other door as appears to be the main e ntranc e of usu al place o f abode , addre ss listed a bove. (Othe r autho rized re cipient not fou nd.) Served on Secretary of the Commonwealth. Served on the Clerk of the State Corporation Commission, pursuant to § 8.01-513. Copy mailed to judgment debtor on date below after serving the garnishee unless a different date is shown below. G G Be