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Garnishments


Overview

Before a garnishment case can be filed, the judgment must be docketed in the Henry County Circuit Court Judgment Lien Book. There is a waiting period of 21 days after the date the Judgment is docketed before a garnishment case may be filed. The date of the original judgment must be provided on the garnishment suggestion form, regardless of whether a judgment is domestic or foreign. (§ 8.01-511)

Papers Required for Filing a Garnishment

All garnishment transaction must be include the defendant's social security number. Otherwise, a certification by the judgment creditor, his agent or attorney, that he/she made a diligent good faith effort to secure the social security number of the judgment debtor and has been unable to do so must be stated on the Suggestion for Summons in Garnishment (From CC 1485).

Service of Garnishment Summons on the Defendant

Section 8.01-511 of the Code of Virginia requires that a Sheriff of this State or any authorized officer attempt service or serve the principal defendant with the Summons and  other attachments. For private process service and out of state service, please provide the court with all necessary instruction and fees.

Return Date

The return (court) date for the hearing shall run no more than 90 days from the date of filing, except in the instance of a wage garnishment, the hearing shall be no more than 180 days beyond the filing date (§ 8.01-514).

On the return date, the judgment creditor's attorney or the pro-se litigant submits a prepared order for entry by the court. Garnishment funds collected by the Clerk are only disbursed pursuant to a court order.

Filing Fees *$24 service fee included*

General Filing Information