How Do I Garnish Wages After I Get a Judgment Against Someone in Virginia?
Full Question:
Answer:
Fieri facias is a Latin term that refers to a writ of execution directing a sheriff to take goods or property of someone against whom a judgment has been rendered. It is often abbreviated as fi. fa. A judgment creditor will often record a fi. fa. with county recorder in which the debtor is believed to own real property. Even though the sheriff may not actually foreclose on the property, the recorded fi. fa. will be a lien on the property that may prevent the future sale or refinancing of the property
Please see the following VA statutes:
§ 8.01-511. Institution of garnishment proceedings.
On a suggestion by the judgment creditor that, by reason of the lien of
his writ of fieri facias, there is a liability on any person other than
the judgment debtor or that there is in the hands of some person in his
capacity as personal representative of some decedent a sum of money to
which a judgment debtor is or may be entitled as creditor or distributee
of such decedent, upon which sum when determined such writ of fieri
facias is a lien, a summons in the form prescribed by § 8.01-512.3 may
(i) be sued out of the clerk's office of the court from which an
execution on the judgment is issued so long as the judgment shall remain
enforceable as provided in § 8.01-251, (ii) be sued out of the clerk's
office to which an execution issued thereon has been returned as provided
in § 16.1-99 against such person, or (iii) be sued out of the clerk's
office from which an execution issued as provided in § 16.1-278.18. The
summons and the notice and claim for exemption form required pursuant to
§ 8.01-512.4 shall be served on the garnishee, and shall be served on the
judgment debtor promptly after service on the garnishee. Service on the
judgment debtor and the garnishee shall be made pursuant to subdivision 1
or 2 of § 8.01-296. When making an application for garnishment, the
judgment creditor shall set forth on the suggestion for summons in
garnishment the last known address of the judgment debtor, and shall
furnish the clerk, if service is to be made by the sheriff, or shall
furnish any other person making service with an envelope, with
first-class postage attached, addressed to such address. A copy of the
summons and the notice and claim for exemptions form required under
§ 8.01-512.4 shall be sent by the clerk to the sheriff or provided by the
judgment creditor to the person making service, with the process to be
served. Promptly after service on the garnishee, the person making
service shall mail such envelope by first-class mail to the judgment
debtor at his last known address. If the person making service is unable
to serve the judgment debtor pursuant to subdivision 1 of § 8.01-296,
such mailing shall satisfy the mailing requirements of subdivision 2 b of
§ 8.01-296. The person making service shall note on his return the date
of such mailing which, with the notation "copy mailed to judgment
debtor," shall be sufficient proof of the mailing of such envelope with
the required copy of the summons and the notice and claim for exemption
form with no examination of such contents being required nor separate
certification by the clerk or judgment creditor that the appropriate
documents have been so inserted. If the person making service is unable
to serve the judgment debtor pursuant to subdivision 1 or 2 of § 8.01-296,
such mailing shall constitute service of process on the judgment debtor.
The judgment creditor shall furnish the social security number of the
judgment debtor to the clerk, except as hereinafter provided.
The judgment creditor may require the judgment debtor to furnish his
correct social security number by the use of interrogatories. However,
use of such interrogatories shall not be a required condition of a
judgment creditor's diligent good faith effort to secure the judgment
debtor's social security number. Such remedy shall be in addition to all
other lawful remedies available to the judgment creditor.
Except as hereinafter provided, no summons shall be issued pursuant to
this section for the garnishment of wages, salaries, commissions, or
other earnings unless it: (i) is in the form prescribed by § 8.01-512.3;
(ii) is directed to only one garnishee for the garnishment of only one
judgment debtor; (iii) contains both the "TOTAL BALANCE DUE" and the
social security number of the judgment debtor in the proper places as
provided on the summons; and (iv) specifies that it is a garnishment
against (a) the judgment debtor's wages, salary, or other compensation or
(b) some other debt due or property of the judgment debtor. The garnishee
shall not be liable to the judgment creditor for any property not
specified in the summons as provided in (iv) above. Upon receipt of a
summons not in compliance with this provision, the garnishee shall file a
written answer to that effect and shall have no liability to the judgment
creditor, such summons being void upon transmission of the answer.
However, if the judgment which the judgment creditor seeks to enforce
(i) does not involve a business, trade or professional credit transaction
entered into on or after January 1, 1984, or (ii) is based on any
transaction entered into prior to January 1, 1984, then upon a
representation by the judgment creditor, or his agent or attorney, that
he has made a diligent good faith effort to secure the social security
number of the judgment debtor and has been unable to do so, the
garnishment shall be issued without the necessity for such number. In
such cases, if the judgment debtor's correct social security number is
not shown in the place provided on the summons, and the judgment debtor's
name and address as shown on the garnishment summons do not match the
name and current address of any employee as shown on the current payroll
records of the garnishee, the garnishee shall file a written answer to
that effect and shall have no liability to the judgment creditor, such
summons being void upon transmission of the answer.
The judgment creditor shall, in the suggestion, specify the amount of
interest, if any, that is claimed to be due upon the judgment, calculated
to the return day of the summons. He shall also set out such credits as
may have been made upon the judgment.
No summons shall be issued pursuant to this section at the suggestion
of the judgment creditor or his assignee against the wages of a judgment
debtor unless the judgment creditor, or his agent or attorney, shall
allege in his suggestion that the judgment for which enforcement is
sought either (i) involves a business, trade, or professional credit
transaction entered into on or after January 1, 1984, or (ii) does not
involve a business, trade, or professional credit transaction entered
into on or after January 1, 1984, and a diligent good faith effort has
been made by the judgment creditor, or his agent or attorney, to secure
the social security number of the judgment debtor.
In addition, the suggestion shall contain an allegation that:
1. The summons is based upon a judgment upon which a prior summons has
been issued but not fully satisfied; or
2. No summons has been issued upon his suggestion against the same
judgment debtor within a period of 18 months, other than under the
provisions of subdivision 1; or
3. The summons is based upon a judgment granted against a debtor upon a
debt due or made for necessary food, rent or shelter, public utilities
including telephone service, drugs, or medical care supplied the debtor
by the judgment creditor or to one of his lawful dependents, and that it
was not for luxuries or nonessentials; or
4. The summons is based upon a judgment for a debt due the judgment
creditor to refinance a lawful loan made by an authorized lending
institution; or
5. The summons is based upon a judgment on an obligation incurred as an
endorser or comaker upon a lawful note; or
6. The summons is based upon a judgment for a debt or debts reaffirmed
after bankruptcy.
Any judgment creditor who knowingly gives false information upon any
such suggestion or certificate made under this chapter shall be guilty of
a Class 1 misdemeanor.
8.01-478. On what property writ of fieri facias levied; when lien
commences.
The writ of fieri facias may be levied as well on the current money and
bank notes, as on the goods and chattels of the judgment debtor, except
such as are exempt from levy under Title 34, and shall bind what is
capable of being levied on only from the time it is actually levied by
the officer to whom it has been delivered to be executed.
