The Circuit Court Clerk's Civil Office (Room 314) processes the filing of 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.
- Garnishments are heard on Friday’s Motions Docket at 10 a.m.
- A Garnishment can only be issued in this Court if the Judgment comes from a case decided in the Prince William County Circuit Court or is a Foreign Judgment docketed in this Court.
- You must furnish the judgment number of the Docketed Judgment Lien on the Suggestion for Summons in Garnishment.
- The Judgment principal amount you use to prepare the Suggestion and the Garnishment Summons must match the amount docketed as a Judgment Lien. If these amounts do not correspond the Garnishment will not be processed.
- Garnishee must make checks payable to "Clerk of Circuit Court." Checks payable to the creditor will be returned to the garnishee
- The garnishment will NOT use the judgment case number, but will be given a NEW Civil Case Number.
- The name and phone number of the attorney must be legible.
- Do not re-open an expired garnishment case to do interrogatories. Use the original judgment suit case number.
- The return date on the garnishment summons is the end of the garnishment and is a maximum of 90 days from filing date or 180 days for a wage garnishment. The creditor will need to file a new garnishment if their judgment has not yet been satisfied.
- The garnishee may make an answer prior to the return date, on the return date or shortly after the return date, and they may answer in one of several ways:
1) In writing that there are funds eligible for garnishment and the garnishee awaits a court order to disburse those funds. It is then the responsibility of the creditor to file this order;
2) With a check payable to "Clerk of Circuit Court" for the funds garnished within the eligible period (between the filing date and the return date);
3) In writing that the judgment debtor is not employed by the garnishee, has no assets with the garnishee, or that the judgment debtor has legal defense.
- It is the responsibility of the creditor filing the garnishment to file a final order that dismisses the case and orders the Clerk's Office to disburse any garnished funds, even if the funds are being returned to the debtor.
- Suggestion for Summons in Garnishment - Original.
- Garnishment Summons - Original & five (5) copies.
- Garnishment Exemption Claim Form - Original & five (5) copies.
- Stamped and addressed envelope for mailing of the Garnishment Summons to each Debtor named in the Garnishment.
- All required documents must have PRINCE WILLIAM COUNTY CIRCUIT COURT listed on the forms. If you have made copies, make sure the back of the two-sided forms are copied.
- In cases with more than one debtor to be served, add three (3) copies of the Summons in Garnishment and three (3) copies of the Garnishment Exemption Claim Form for each additional debtor along with additional stamped and addressed envelopes.
- For Private Process Service please indicate this and give the Clerk's Office the contact phone number to call when documents are ready for pick-up.
For Out-of-State Service of the Garnishment if you wish to have the appropriate material returned to you, be sure to enclose a self-addressed stamped envelope. The proper postage must be included for the Clerk's Office to return the material.
Garnishment Forms are available on Virginia's Judicial System under Circuit and General District Civil.
|Amounts not exceeding $500.00
||$37.50 plus $24.00 service fees|
|Amounts more than $500.00
||$47.50 plus $24.00 service fees|
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