Garnishment Summons Newport News

Page 1 of 2GARNISHMENT SUMMONS (revised 10/09)IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF VIRGINIANewport News Division Case No: Case Name: (Name and street address of judgment creditor)(Name, street address and last four digits of the social security number of judgment debtor)(Name and street address of garnishee, last four digits of the bank account number, if applicable)Hearing Date and Time: Date of Judgment: MAXIMUM PORTION OF DISPOSABLE EARNINGSSUBJECT TO GARNISHMENTSUPPORT50% 55% 60% 65% (if not specified, then 50%)STATE OR FEDERAL TAXES 100% IF NONE OF THE ABOVE ARE CHECKED THEN SEC. 34-29(a) & 15 USC 1673 APPLIESJUDGMENT PRINCIPAL:CREDITS:INTEREST:JUDGMENT COSTS:ATTORNEYS' FEES:GARNISHMENT COSTS: TOTAL BALANCE DUE:$$$$$$$ (The garnishee shall rely on this amount)TO THE MARSHAL OF THE EASTERN DISTRICT OF VIRGINIA OR AN AUTHORIZED OFFICER: Youare hereby commanded to serve this summons on the judgment debtor and the garnishee.TO THE GARNISHEE: You are hereby commanded to (1) file a written answer with this court, or (2) deliverpayment to this court (checks to be made payable to judgment creditor) and mailed to the Clerk, U.S. District Court,2400 West Avenue, Newport News, Virginia 23607 or (3) appear before the U.S. District Court, 2400 WestAvenue, Newport News, Virginia 23607 on the hearing date and time shown on this summons to answer theSuggestion for Summons in Garnishment of the judgment creditor that, by reason of the lien of the writ ofexecution, 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 judgment debtoris or may be entitled from you during the period between the date of service of this summons on you and the datefor your appearance in court, subject to the following limitations: (1) The maximum amount which may begarnished is the 223TOTAL BALANCE DUE224 as shown on this summons. (2) If the sums of money being garnishedare earnings of the judgment debtor, then the provision of 223MAXIMUM PORTION OF DISPOSABLE EARNINGSSUBJECT TO GARNISHMENT224 shall apply.If a garnishment summons is served on an employer having one thousand or more employees, then money American LegalNet, Inc. www.FormsWorkFlow.com Page 2 of 2Federal garnishment statutes, 5 U.S.C. 247 5520a(c)(1) and 42U.S.C. 247 659 provide that the garnishee, when a federalagency, may be served either personally or by certified orregistered mail, return receipt requested. 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 arepayable to the judgment debtor under the garnishee-employer's normal payroll procedure with a reasonable timeallowance for making a timely return by mail to this court.DATE OF ISSUANCE: FERNANDO GALINDO Clerk, U.S. District CourtBy: Deputy ClerkName, address & telephone no.of Judgment Creditor's AttorneyVirginia Code Section 34-29 247 34-29. Maximum portion of disposable earnings subject to garnishment. (a) Except as provided in subsections (b) and (b1), the maximum part of the aggregate disposable earnings of an individual for any workweek which is subjected to garnishmentmay not exceed the lesser of the following amounts: (1) Twenty-five percent of his disposable earnings for that week, or (2) The amount by which his disposable earnings for that week exceed thirty times the federal minimum hourly wage prescribed by 247247 206 (a) (1) of Title 29 of the United StatesCode 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 Industry shall by regulation prescribe a multiple of the federal minimumhourly wage equivalent in effect to that set forth in this 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 with an administrative procedure, which is established by state law,which affords substantial due process, and which is subject to judicial review. (2) Any order of any court of bankruptcy under Chapter XIII of the Bankruptcy 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 is subject to garnishment to enforce any order for the support of anyperson shall not exceed: (1) Sixty percent of such individual's disposable earnings for that week; or (2) If such individual is supporting a spouse or dependent child other than the spouse or child with respect to whose support such order was issued, fifty percent of suchindividual's disposable earnings for that week. The fifty percent specified in subdivision (b1) (2) shall be fifty-five percent and the sixty percent specified in subdivision (b1) (1) shall be sixty-five percent if and to the extentthat such earnings are subject to garnishment to enforce an order for support for a period which is more than twelve weeks prior to the beginning of such workweek. (c) No court of the Commonwealth and no state agency or officer may make, execute, or enforce any order or process in 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 denominated as wages, salary, commission, bonus, payments to an independentcontractor, or otherwise, whether paid directly to the individual or deposited with another entity or person on behalf of and traceable to the individual, and includes periodicpayments pursuant to a pension or retirement program, (2) The term "disposable earnings" means that part of the earnings of any individual remaining after the deduction from those earnings of any amounts required by law to bewithheld, and (3) The term "garnishment" means any legal or equitable procedure through which the earnings of any individual 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 is exempted by this section, to the extent of the exemption provided by thissection, shall be void and unenforceable by any process of law. (f) No employer may discharge any employee by reason of the fact that his earnings have been subjected to garnishment for any one indebtedness. (g) A depository wherein earnings have been deposited on behalf of and traceable to an individual shall not be required to determine the portion of such earnings which aresubject to garnishment. On the day of , 20The said who has been garnished in this causehaving appeared and answered, upon consideration of evidence before the court that he/she is indebted tothe said Judgment Debtor, Judgment is granted the plaintiff against the said Garnishee for the sum of$. United States Magistrate Judge American LegalNet, Inc. www.FormsWorkFlow.com