Garnishment Summons {DC-451}

GARNISHMENT SUMMONS Commonwealth of Virginia Va. Code §§ 8.01-511, 8.01-512.3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General District Court COURT NAME CASE NO. .................................................. JUDGMENT CREDITOR'S NAME HEARING DATE & TIME ..................................................................................................... COURT ADDRESS AND TELEPHONE NUMBER ................................................... STREET ADDRESS TO ANY AUTHORIZED OFFICER: You are 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) 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 fieri facias, 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 debtor is or may be entitled from you during the period between the date of service of this summons on you and the date for your appearance in court, subject to the following limitations: (1) The maximum amount which may be garnished is the "TOTAL BALANCE DUE" as shown on this summons. (2) You shall not be liable to the judgment creditor for any property not specified in this garnishment summons. (3) If the sums of money being garnished are earnings of the judgment debtor, then the provision of "MAXIMUM PORTION OF DISPOSABLE EARNINGS SUBJECT TO GARNISHMENT" shall apply. (4) If the sums of money consist solely of direct deposited funds exempt under federal law such as Social Security, SSI, Veterans', Black Lung, and Railroad Retirement benefits, then the exemption shall apply. If a garnishment summons is served on an employer having one thousand or more employees, 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 garnishee-employer's normal payroll procedure with a reasonable time allowance for making a timely return by mail to this court. .................................. DATE OF ISSUANCE OF SUMMONS .................................................. CITY, STATE, ZIP .................................................. TELEPHONE NUMBER .................................................. JUDGMENT CREDITOR'S ATTORNEY'S NAME GARNISHMENT SUMMONS This is a garnishment against (check only one) [ ] the judgment debtor's wages, salary or other compensation. [ ] some other debt due or property of the judgment debtor, specifically, ......................... .................................................. ADDRESS ................................................. TELEPHONE NUMBER .................................................. JUDGMENT DEBTOR'S NAME (SERVE) .................................................. STREET ADDRESS .................................................. CITY, STATE, ZIP ________________________________________________________ CLERK .................................................. SOCIAL SECURITY NUMBER TELEPHONE NUMBER MAXIMUM PORTION OF DISPOSABLE EARNINGS SUBJECT TO GARNISHMENT .................................. DATE AND TIME OF DELIVERY OF WRIT OF FIERI FACIAS TO SHERIFF IF DIFFERENT FROM DATE OF ISSUANCE OF THIS SUMMONS TO GARNISHEE: On check or written answer, include return date, case number and judgment debtor's name. MAKE CHECK PAYABLE TO JUDGMENT CREDITOR AND DELIVER TO THE COURT. .................................................. GARNISHEE'S NAME [ ] Support [ ] 50% [ ] 55% [ ] 60% [ ] 65% (if not specified, then 50%) WRIT OF FIERI FACIAS TO ANY AUTHORIZED OFFICER: You are commanded to execute this writ and to make from the intangible personal estate of the judgment debtor(s) the principal, interest, costs and attorney's fees, less credits, shown in the Garnishment Summons. You are further commanded to make your return to the clerk's office according to law. Homestead Exemption Waived? [ ] yes [ ] no [ ] cannot be demanded ................................. DATE OF ISSUANCE OF WRIT .................................................. STREET ADDRESS [ ] state taxes, 100% If none of the above are checked, then § 34-29(a) applies (a plain-language interpretation of this section is on the reverse of this GARNISHMENT SUMMONS). $....................... received by ........................ JUDGMENT CREDITOR .................................................. CITY, STATE, ZIP .................... DATE OF JUDGMENT ........................ TELEPHONE NUMBER ________________________________________________________ CLERK STATEMENT $. . . . . . . . . . . . . . . . . ................. ................. ................. ................. ................. CASE DISPOSITION I ORDER that [ ] the garnishee pay to the judgment creditor through the court $ . . . . . . . . . . . . . . . . . . . . . . . net of any credits. [ ] the case be DISMISSED. [ ].................................................................................................. .................................. DATE ENTERED FORM DC-451 (FRONT) 7/06 Judgment Principal Credits Interest Judgment Costs Attorney's Fees Garnishment Costs TOTAL BALANCE DUE [ ] Judgment debtor present ......................... DATE American LegalNet, Inc. www.FormsWorkflow.com ....................... ______________________________________________________ JUDGE The garnishee shall rely on this amount. 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