Unless otherwise exempted, the wages and salaries of all employees of this Commonwealth, other than State officers, shall be subject to garnishment or execution upon any judgment rendered against them. Whenever the salary or wages of such employees as above mentioned shall be garnished under this section, the process shall be such as is usual in other cases of garnishment and shall be served on the judgment debtor and on the officer or supervisor who is head of the department, agency, or institution where the employee is employed, or other officer through whom the judgment debtor's salary or wages is paid, provided that process shall not be served upon the State Treasurer or the State Comptroller except as to employees of their respective departments, and upon such service the officer or supervisor shall, on or before the return day of process, transmit to the clerk of the court issuing the process a certificate showing the amount due from the Commonwealth to such judgment debtor, up to the return day of the process, which amount the officer or supervisor shall hold subject to order of the court issuing the process. Such certificate shall be evidence of all facts therein stated, unless the court direct that the deposition of the officer or supervisor, or such other officer through whom the judgment debtor's salary or wages be paid, be taken, in which event the deposition of the officer or supervisor shall be taken in his office and returned to the clerk of the court in which the garnishment is, just as other depositions are returned, and in no such case shall the officer or supervisor be required to leave his office to testify. In all proceedings under this section, if the judgment be for the plaintiff, the amount found to be due the judgment debtor by the Commonwealth shall be paid as directed by the court.
Code 1950, § 8-449.1; 1958, c. 430; 1973, c. 236; 1977, c. 617.
Structure Code of Virginia
Title 8.01 - Civil Remedies and Procedure
Chapter 18 - Executions and Other Means of Recovery
§ 8.01-466. Clerk to issue fieri facias on judgment for money
§ 8.01-467. What writs may not issue
§ 8.01-468. Executions against corporations
§ 8.01-469. Executions on joint judgments
§ 8.01-470. Writs on judgments for specific property
§ 8.01-472. Writs on judgments for personal property
§ 8.01-473. Judgment for benefit of other person than plaintiff; remedies of such person
§ 8.01-474. What writ of fieri facias to command
§ 8.01-475. Subsequent executions
§ 8.01-476. New execution after loss of property sold under indemnifying bond
§ 8.01-477. When executions may be quashed; how proceedings thereon stayed
§ 8.01-477.1. Claims of exemption from execution
§ 8.01-478. On what property writ of fieri facias levied; when lien commences
§ 8.01-479. Time for enforcement
§ 8.01-480. Prior security interest on property levied on
§ 8.01-481. Territorial extent of lien
§ 8.01-482. If levy be on coin or currency, how accounted for
§ 8.01-483. Return of officer on fieri facias; statement filed therewith
§ 8.01-484. When writ may be destroyed
§ 8.01-485. When venditioni exponas may issue; proceedings thereon
§ 8.01-486. Procedure when officer taking property under execution dies before sale
§ 8.01-487. Officer to endorse on fieri facias time of receiving it
§ 8.01-487.1. Officer to leave copy of writ where levy made
§ 8.01-488. When several writs of fieri facias, how satisfied
§ 8.01-489. Growing crops, not severed, not liable to distress or levy
§ 8.01-490. No unreasonable distress or levy; sustenance provided for livestock; removal of property
§ 8.01-493. Adjournment of sale
§ 8.01-494. Resale of property if purchaser fails to comply; remedy against such purchaser
§ 8.01-495. When money received by officer under execution to be repaid to debtor
§ 8.01-496. Officer not required to go out of his jurisdiction to pay over money
§ 8.01-497. Suit by officer to recover estate on which fieri facias is lien
§ 8.01-498. Selling officers and employees not to bid or to purchase
§ 8.01-499. Officer receiving money to make return thereof and pay net proceeds; commission, etc.
§ 8.01-500. Officer receiving money to notify person entitled to receive it
§ 8.01-501. Lien of fieri facias on estate of debtor not capable of being levied on
§ 8.01-502. Person paying debtor not affected by lien unless notice given
§ 8.01-502.1. Serving notice of lien on financial institution
§ 8.01-504. Penalty for service of notice of lien when no judgment exists
§ 8.01-505. When lien acquired on intangibles under § 8.01-501 ceases
§ 8.01-506.1. Production of book accounts or other writing compelled
§ 8.01-506.2. Proceedings in court of county or city where execution debtor resides
§ 8.01-507. Conveyance or delivery of property disclosed by interrogatories
§ 8.01-507.1. Interrogatories, answers, etc., to be returned to court
§ 8.01-508. How debtor may be arrested and held to answer
§ 8.01-509. Order for sale and application of debtor's estate
§ 8.01-510. Sale, collection and disposition of debtor's estate by officer
§ 8.01-511. Institution of garnishment proceedings
§ 8.01-511.1. Garnishee inability to determine whether it holds property of judgment debtor
§ 8.01-512.2. Fee for garnishee-employers
§ 8.01-512.3. Form of garnishment summons
§ 8.01-512.4. Notice of exemptions from garnishment and lien
§ 8.01-512.5. Hearing on claim of exemption from garnishment
§ 8.01-513. Service upon corporation or limited liability company
§ 8.01-514. When garnishment summons returnable
§ 8.01-516.1. Garnishment dispositions
§ 8.01-517. Exemption of portion of wages; payment of excess into court
§ 8.01-518. When garnishee is personal representative of decedent
§ 8.01-519. Proceedings where garnishee fails to appear or answer, or to disclose his liability
§ 8.01-520. Payment, etc., by garnishee before return of summons
§ 8.01-521. Judgments as to costs
§ 8.01-522. Wages and salaries of State employees
§ 8.01-523. Service upon federal government
§ 8.01-524. Wages and salaries of city, town and county officials, clerks and employees
§ 8.01-525. Who are officers and employees of cities, towns and counties