Circuit Court Clerks' Manual - Civil - Chapter 9 - Suits ...

1 Circuit Court CLERKS' Manual - Civil . Suits /ACTION TYPES (G-M) PAGE 9-1. Chapter 9 - Suits /Action Types (G-M). garnishment A post-judgment collection process whereby a judgment creditor may levy against a portion of a judgment debtor's wages or bank accounts. Pursuant to Va. Code 34-29, the amount subject to garnishment may not exceed the lesser of (i) 25 percent of the worker's disposable weekly earnings or (ii) the amount by which his disposable earnings exceed 40 times the federal minimum hourly wage. See Va. Code , , and (4) for authority to issue executions and summons in garnishment . In issuing garnishments on behalf of the Commonwealth for unpaid fines and costs, the clerk may include assessment for filing fees and sheriff fees in the total amount due from the defendant.

2 See Attorney General Opinion to Mitchell, dated 4/5/96 (1996, page 43); In issuing garnishments on behalf of Commonwealth for unpaid fines and Court costs, Circuit Court clerk may include assessment for filing fees and sheriff's fees in total amount due from defendant. Notes: Service upon the Postal Service is governed by 39 CFR 491 garnishment of Salaries of Employees of the Postal Service and the Postal Rate Commission. Circuit courts may be required to issue executions and summons in garnishment on judgments entered in juvenile and domestic relations district courts, per Va. Code (B). Child support payments, whether current or arrears, received by a parent for the benefit of and owed to a child in the parent's custody, shall not be subject to garnishment .

3 Va. Code (G). Support for dependent minor children shall not be subject to garnishment . Va. Code To claim this exemption, the debtor shall attach to the claim for exemption form an affidavit that complies with the requirements of subsection B of Va. Code and two items of proof showing that the debtor is entitled to this exemption. The Homestead exemption is $5,000, or $10,000 if the debtor is 65 years of age or older. The exemption for property of disabled veterans is $10,000. Va. Code The district Court has exclusive jurisdiction over the issuance of any writ of execution on any judgment rendered it its Court , within the ten year period of enforceability, per Va. Code even if an abstract has been docketed in the Circuit Court .

4 If the abstract has been docketed in the Circuit Court , after ten years, the Circuit Court may issue execution or the general district Court may issue following receipt of a Circuit Court abstract of judgment (use form CC-1464, ABSTRACT OF JUDGMENT) in the general district Court . If a district Court abstract is docketed in the Circuit Court , the limitation for the enforcement of that district Court judgment is extended to twenty years from the date of the original district Court judgment, regardless of the disposition of the documents in the district Court . See Va. Code (B)(4). Document Type Office of the Executive Secretary Department of Judicial Services Rev: 7/20. Circuit Court CLERKS' Manual - Civil .

5 Suits /ACTION TYPES (G-M) PAGE 9-2. garnishment Summons Filing Type GARN. Procedures Step 1 Clerk receives Suggestion for Summons in garnishment . See form CC-1485, Suggestion for Summons in garnishment . Note: If the judgment debtor does not reside in the city or county where the judgment was entered, the judgment creditor may have the case filed or docketed in the Court of the city or county where the judgment debtor resides and such Court may issue an execution on the judgment, provided that the judgment creditor (a) files with the Court an abstract of the judgment rendered, (b). pays fees to the Court in accordance with :2 or subdivision 17 of , and (c) files in both courts any release or satisfaction of judgment.

6 Step 2 Clerk receipts filing fee (clerk's and sheriff's). Note: Service and process per individual served is $24. See Va. Code and Fee Schedule appendix for further information. Step 3 Clerk determines if there is a live execution ( , writ of fieri facias) by checking original case file for execution paper and/or the Judgment Lien Docket. Note: If there is a live execution already, do not charge the execution fee. Step 4 Clerk dockets case within 90 days or 180 days (wage garnishments only) for garnishment hearing. Step 5 Clerk issues CC-1486, garnishment SUMMONS along with addressed stamped envelope to judgment debtor (which is supplied by creditor and mailed by sheriff to judgment debtor (Va.))

7 Code ); Clerk issues CC-1486, garnishment . SUMMONS, DC-454, REQUEST FOR HEARING garnishment /LIEN. EXEMPTION CLAIM as well as service check to sheriff for service on: 1) judgment debtor; and 2) garnishee (employer/financial institution other party holding money). Garnishee should also receive a copy of DC-455, GARNISHEE INFORMATION SHEET TO. EMPLOYER. Comments: Service upon a corporation shall be served upon an officer, an employee designated by the corporation, or if there is Office of the Executive Secretary Department of Judicial Services Rev: 7/20. Circuit Court CLERKS' Manual - Civil . Suits /ACTION TYPES (G-M) PAGE 9-3. no designated employee or he cannot be found, upon a managing employee of the corporation.

8 If the judgment creditor or his attorney files with the Court a certificate per Va. Code . , then the summons shall be served on the registered agent of the corporation or upon the clerk of the State Corporation Commission. See also Va. Code Note: A Summons to Answer Interrogatories may be served by a private service processor. No sheriff's action is requested to levy on tangible personal property, take possession of it, and sell it at public auction. See Attorney General Opinion to Ayers, 10-075. (2011); Writs of fieri facias, debtor interrogatories and garnishments are distinct, though related, proceedings, so that, although the sheriff or other executing officer may be required to levy on the tangible personal property of a judgment debtor when executing a writ of fieri facias, no such requirement is imposed when serving a Summons for Interrogatories or garnishment Summons.

9 In addition, the fees sheriffs may charge for these services are governed by the express terms of Va. Code Step 6 Clerk records issuance of service in Process Book or automated case management system. Va. Code Step 7 Proof of Service returned and recorded in Process Book or automated case management system. Comments: Person making service shall note on his return the date of mailing of copy of summons to judgment debtor, with notation indicated in Va. Code Step 8 If a hearing is requested to contest the garnishment , a hearing must be held within seven business days from the date the notice of exemption and request for hearing form is filed with the clerk's office. Note: Sometimes notice is filed with clerk before return of process or service on judgment debtor; clerk shall notify parties of hearing date (if written notice not given, clerk should document in the file that notification was not given).

10 See form DC-454, REQUEST FOR HEARING- garnishment /LIEN. EXEMPTION CLAIM. Step 9 Hearing held in cases of exemption claim. Office of the Executive Secretary Department of Judicial Services Rev: 7/20. Circuit Court CLERKS' Manual - Civil . Suits /ACTION TYPES (G-M) PAGE 9-4. Step 10 Clerk or attorney prepares order either dismissing, modifying, or affirming garnishment ; clerk sends copy of order to garnishee if garnishment dismissed or modified. A DC-453, garnishment Disposition may be utilized. Step 11 Clerk records and indexes orders in the Civil order Book unless otherwise provided by law. Comments: Recording and/or Indexing may be accomplished by electronic or micrographic medium as provided in Va.