Virginia Wage Garnishment Rules

Virginia uses the federal wage exemption.

The maximum part of disposable earnings of an individual for any workweek which is subjected to garnishment may not exceed the lesser of;

1. 25% of disposable earnings for that week, or

2. The amount by which his disposable earnings for that week exceed thirty (30) times the federal minimum wage.

Virginia Procedural Requirements

On a judgment for money, it shall be the duty of the clerk of the court in which such judgment was rendered, upon request of the judgment creditor, to issue a writ of fieri facias at the expiration of twenty one days from the date of the entry of the judgment and place the same in the hands of the proper officer of such court to be executed and take his receipt therefor. Virginia. Code Ann. _ 8.01 466.

To ascertain the personal Statutee of a judgment debtor to which the debtor named in a judgment and fieri facias is entitled, upon the application of the execution creditor, the clerk of the court from which such fieri facias issued shall issue a summons against any debtor to, or bailee of, the execution debtor. The summons shall require him to appear before the court from which the fieri facias issued or a commissioner of a county or city contiguous thereto, or upon request of the execution creditor, before a like court or commissioner of the county or city in which the execution debtor resides, or of a county or city contiguous thereto, to answer such interrogatories as may be propounded to him by the execution creditor or his attorney, or the court, or the commissioner, as the case may be. As a condition precedent to such a proceeding, the execution creditor must furnish the court with a certificate setting forth that he has not proceeded against the execution debtor under this section within the six months last preceding the date of such certificate. Virginia. Code Ann. _ 8.01506.

Any money, bank notes, securities, evidences of debt, or other personal Statutee, tangible or intangible, which it may appear by such answers are in possession of or under the control of the debtor or his debtor or bailee, shall be delivered by him or them, as far as practicable, to the officer to whom was delivered the fieri facias, or to some other, or in such manner as may be ordered by the commissioner or court. Virginia. Code Ann. _ 8.01507.

On a suggestion by the judgment creditor that, by reason of the lien of his writ of fieri facias, there is a liability on any person other than the judgment debtor, a summons in the form prescribed by _ 8.01512.3 may be sued out of the clerk's office of the court from which an execution on the judgment is issued or be sued out of the clerk's office to which an execution issued thereon has been returned against such person. The summons and the notice and claim for exemption form shall be served on the garnishee, and shall be served on the judgment debtor promptly after service on the garnishee. Service on the judgment debtor and the garnishee shall be made pursuant to subdivision 1 or 2 of _ 8.01296 (mainly personal service).

When making an application for garnishment, the judgment creditor shall set forth on the suggestion for summons in garnishment the last known address of the judgment debtor, and shall furnish the clerk with an envelope, with first class postage attached, addressed to such address, whereupon a copy of the summons and the notice for exemptions form shall be inserted into such envelope by the clerk and sent to the sheriff with the process to be served. The judgment creditor shall furnish the social security number of the judgment debtor to the clerk, unless excepted by law. The judgment creditor shall, in the suggestion, specify the amount of interest, if any, that is claimed to be due upon the judgment, calculated to the return day of the summons. He shall also set out such credits as may have been made upon the judgment. Virginia. Code Ann. _ 8.01511.

Interest Rate at which Judgments Accrue The judgment rate of interest shall be an annual rate of nine percent, except that a money judgment entered in an action arising from a contract shall carry interest at the rate lawfully charged on such contract, or at nine percent annually, whichever is higher. Interest at the judgment rate, where no rate is fixed by the contract, shall apply to both prejudgment interest and to post judgment interest. Virginia. Code Ann. _ 6.1330.54. Applicable Forms Garnishment Summons, Virginia. Code Ann. _ 8.01512.3. Notice of Exemptions, Virginia. Code Ann. _ 8.01512.4. 4.0.

 

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