Garnishments

A garnishment is 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 Virginia Code Section 34-29, the amount subject to garnishment may not exceed the lesser of (i) 25% of the worker’s disposable weekly earnings or (ii) the amount by which his disposable earning exceed 40 times the federal minimum hourly wage. See Virginia Code Sections 8.01-466, 8.01-511, 16.1-116 and 16.1-69.55(4) for authority to issue executions and summons in garnishment.

Procedure

• Clerk receives original of completed Suggestion for Summons (Form CC-1485) (PDF) in Garnishment, filing fee and Sheriff’s fees
• Clerk prepares Garnishment Summons and dockets the case for garnishment hearing
• Clerk issues Garnishment Summons and records issuance of service
• Hearing is held and order is prepared dismissing, modifying or affirming garnishment; clerk sends a copy of order to garnishee if garnishment dismissed or modified

A garnishment can only be issued in this Court if the judgment comes from a case decided in the Gloucester County Circuit Court or is a Foreign Judgment docketed in this Court.