Garnishment Laws in VA
Garnishment is a method creditors use to enforce debts when a debtor refuses to pay. A common example of garnishment is in civil litigation where a person or company sues another person and obtains a money judgment against that person. The judgment specifies an amount owed. The lawsuit winner (or judgment creditor) may use garnishment as a way to get the money from the person who lost (or judgment debtor). The judgment creditor may garnish the judgment debtor's wages or other assets, like a bank account. Virginia law has several requirements with regard to garnishments.
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Definition
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According to Black's law dictionary, garnishment is "a judicial proceeding in which a creditor (or potential creditor) asks the court to order a third party who is indebted to" the "debtor to turn over to the creditor any of the debtor's property (such as wages or bank accounts) held by that third party." In Virginia, a judgment creditor can apply for a writ of garnishment against a judgment debtor's wages or other assets. If a judgment creditor garnishes a judgment debtor's wages, then the judgment debtor's employer must set aside part of the judgment debtor's paycheck and pay that amount to the judgment creditor. The third party institution is referred to as the garnishee and is typically the judgment debtor's employer or bank.
Requirements
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Prior to filing for a writ of garnishment, the judgment creditor must make sure the judgment is docketed in a Virginia court Lien Book. Then, the judgment creditor must wait 21 days before moving for a garnishment. After the 21-day waiting period, the judgment creditor must include five copies of several forms provided by the Virginia Supreme Court website. In addition, the judgment creditor must provide a business size envelope, postage prepaid and addressed to the judgment debtor. The packet must include the judgment debtor's social security number or a certification that the judgment creditor made a good faith effort to obtain the social security number but could not do so. The judgment creditor should request a hearing not longer than 90 days from the filing date or 180 days if it's a wage garnishment.
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Fees
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In Loudon County, the fees are as follows. For garnishments less than $500 the fee is $30.50. For garnishments greater than $500 the fee is $40.50. The judgment creditor must serve (or deliver) the documents to the judgment creditor and garnishee, which may add additional fees. If the judgment creditor wants a sheriff to serve the documents, there is a fee of $12 per document. If the judgment creditor uses a private process server, then no additional fee applies. However, private process servers will charge the judgment creditor at their own rate. Finally, if it's an out of state judgment debtor, the judgment creditor may have the Secretary of the Commonwealth effect service for a $28 fee. Fees may vary from county to county.
Warning
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Consult a qualified attorney licensed to practice in Virginia to determine how the facts of your situation applies to Virginia property garnishment laws, which are subject to change.
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References
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