Garnishment Summons - Commonwealth Of Virginia Page 2
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1
2The following statement is not the law but is an interpretation of the law which is intended to assist those who must respond to this
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
RETURNS: Each garnishee was served as indicated
RETURNS: Each garnishee was served as indicated
garnishment. You many rely on this only for general guidance because the law itself is the final word. (Read the law, § 34-29 of the Code of
garnishment. You many rely on this only for general guidance because the law itself is the final word. (Read the law, § 34-29 of the Code of
below, unless not found, with a copy of this summons
below, unless not found, with a copy of this summons
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.)
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.)
and the exemption claim form.
and the exemption claim form.
An employer may take as much as 25 percent of an employee’s disposable earnings to satisfy this garnishment. But if any employees
An employer may take as much as 25 percent of an employee’s disposable earnings to satisfy this garnishment. But if any employees
GARNISHEE ....................................................................
makes the minimum wage or less for his week’s earnings, the employee will ordinarily get to keep 40 times the minimum hourly wage.
makes the minimum wage or less for his week’s earnings, the employee will ordinarily get to keep 40 times the minimum hourly wage.
.........................................................................................................
But an employer may withhold a different amount of money from that above if:
But an employer may withhold a different amount of money from that above if:
(1)
(1)
The employee must pay child support or spousal support and was ordered to do so by a court procedure or other legal procedure. No
The employee must pay child support or spousal support and was ordered to do so by a court procedure or other legal procedure. No
ADDRESS ........................................................................
more than 65 percent of an employee’s earnings may be withheld for support;
more than 65 percent of an employee’s earnings may be withheld for support;
.........................................................................................................
(2)
(2)
Money is withheld by order of a bankruptcy court; or
Money is withheld by order of a bankruptcy court; or
TELEPHONE NUMBER:
........................................................
(3)
(3)
Money is withheld for a tax debt.
Money is withheld for a tax debt.
[ ]
[ ]
PERSONAL SERVICE
FEDERAL SERVICE*
“Disposable earnings” means the money an employee makes “after taxes” and after other amounts required by law to be withheld are
“Disposable earnings” means the money an employee makes “after taxes” and after other amounts required by law to be withheld are
satisfied. Earnings can be salary, hourly wages, commissions, bonuses, payments to an independent contractor, or otherwise, whether paid
satisfied. Earnings can be salary, hourly wages, commissions, bonuses, payments to an independent contractor, or otherwise, whether paid
[ ]
Being unable to make personal service, a copy was
directly to the employee or not.
directly to the employee or not.
delivered in the following manner:
If an employee tries to transfer, assign or in any way give his earnings to another person to avoid the garnishment, it will not be legal;
If an employee tries to transfer, assign or in any way give his earnings to another person to avoid the garnishment, it will not be legal;
[ ]
Served on registered agent of the corporation. List
earnings are still earnings.
earnings are still earnings.
name and title:
.......................................................................................
Financial institutions that receive an employee’s paycheck by direct deposit do not have to determine what part of a person’s earnings can
Financial institutions that receive an employee’s paycheck by direct deposit do not have to determine what part of a person’s earnings can
be garnished.
be garnished.
.......................................................................................
[ ]
Delivered to family member (not temporary
JUDGMENT DEBTOR
..........................................................................
sojourner or guest) age 16 or older at usual place
RECEIVED
............................................................................................................................
of abode of party named above after giving
information of its purport. List name, age of
............................................................................................................
ADDRESS
...................................................................................................
DATE AND TIME
recipient, and relation of recipient to party named
............................................................................................................................
above.
_______________________________________________
SHERIFF
.......................................................................................
[ ] PERSONAL SERVICE
.......................................................................................
[ ]
Posted on front door or such other door as appears
[ ]
Being unable to make personal service, a copy was delivered in
NOTE:
to be the main entrance of usual place of abode,
the following manner:
Return of Writ of Fieri Facias to be used if no effects
address listed above. (Other authorized recipient
found – otherwise, use appropriate sections of
[ ]
Delivered to family member (not temporary sojourner or
not found.)
CC-1477, W
F
F
.
RIT OF
IERI
ACIAS
guest) age 16 or older at usual place of abode of party
[ ]
Served on Secretary of the Commonwealth.
named above after giving information of its purport. List
name, age of recipient, and relation of recipient to party
[ ]
Served on the Clerk of the State Corporation
named above.
Commission, pursuant to § 8.01-513.
[ ] NO EFFECTS FOUND
[ ]
..................................................................................................................
Copy mailed to judgment debtor after serving the
garnishee on date of service below unless a different
..................................................................................................................
date of mailing is shown.
[ ]
............................................................................................................
Posted on front door or such other door as appears to be the
................................................................................................
DATE
main entrance of usual place of abode, address listed
DATE OF MAILING
above. (Other authorized recipient not found.)
[ ]
Not found
_________________________________
_____________________________________________________
[ ]
Served on Secretary of the Commonwealth.
SERVING OFFICER
SHERIFF
for ______________________________
.............................
DATE
[ ] Not found
____________________________________________________________
DEPUTY SHERIFF
__________________________________
* Federal law, 5 U.S.C. § 5520a(c)(1) and 42 U.S.C. § 659,
SERVING OFFICER
provides that a federal agency garnishee may be served
for ______________________________
....................................
either personally or by certified mail, return receipt
requested.
FORM CC-1486 (MASTER PAGE 2 OF 2) 12/05
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