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
- One original Suggestion Form CC-1485 with original signature of filing party and date at bottom
- One original and five copies (front and back) of the Garnishment Summons Form CC-1486.
- One fully completed original and five copies of the Garnishment Exemption Claim Form.
- Please provide one business-size envelope, pre-addressed to the debtor with first-class postage
All garnishments must include the defendant's social security number. Otherwise, a certification by the judgment creditor, his agent or attorney, must be made. It should state that he/she made a diligent good faith effort to secure the social security number of the judgment debtor but has been unable to do so. .
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.
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*
- Garnishment for amounts less than $500: the fee is $58.00
- Garnishments for amounts more than $500: the fee is $68.00
General Filing Information
- If there is more than one garnishee or debtor, a separate case must be filed for each garnishee/debtor.
- Full addresses must be provided on the summons form for debtor and garnishee since this document is served. Full address and phone contact for the creditor's attorney must be provided on the suggestion form.
- Each garnishment is a new civil action; please do not assign a previous law action number to any of the garnishment forms. All garnishment forms must be printed legibly in black ink or typed.
- For any filing question please contact the Clerk's Office at (276) 634-4880 and ask for the Civil Department. Garnishments may be filed at the Clerk's Office between the hours of 9:00am and 5:00 pm, Monday through Friday, or by correspondence. Please send correspondence to Henry County Circuit Court, 3160 Kings Mountain Rd., Suite B, Martinsville, VA 24112.