Overview
Before a garnishment case can be filed, the judgment must be docketed in the Carroll County Circuit Court Judgment Lien Book. There is a waiting period of 21 days after the date of 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 (PDF)* 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 (PDF)*
- A fully completed Original Garnishment Exemption Claim Form (PDF) plus five copies
- One business-size envelope, pre-addressed to the debtor with first-class postage provided
- All garnishment transactions must 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 (Form 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 Exemption Claim Forms before an Order for Payment can be entered. If the principal defendant is not subject to service in the State of Virginia, the amount required by statute for service of such pleadings must be filed along with these pleadings with the filing fees payable to the Clerk of the Circuit Court.
When the sheriff's return is filed along with proof of the sheriff's mailing as set out in 8.01-511 of the Code of Virginia, service on the principal defendant will be proper. There is no requirement that these pleadings must also be forwarded to out-of-state principal defendants by certified mail.
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 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.
General Filing Information:
Judgments from other Virginia courts are assessed a docketing fee of $10 when a judgment abstract is recorded. The fee for docketing a foreign (from another state) judgment is $25. The docketing package must include an abstract under triple seal with a notarized affidavit stating the debtors last known address. If there is more than one garnishee, a separate case must be filed for each garnishee. 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 creditors 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.
*When using the following PDF Fillable Forms please print using the print button in the pdf page itself and not the print button in the window above page. Using the print button in pdf itself clears out the gray fillable fields for easier use by the Judge and clerks.