Garnishments

Overview

Before a garnishment case can be filed, the Judgment must be docketed in the Henry County Circuit Court Judgement 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 Judgement must be provided on the garnishment suggestion form, regardless of whether a Judgment is domestic or foreign. (See Code of Virginia § 8.01-511)

Required Documents

All garnishments must include the defendant's social security number. Otherwise, a certification by the judgment creditor, his agency or attorney, must be made. It should state that he/she made 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

The Code of Virginia § 8.01-511 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 (See Code of Virginia § 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.

Fees ($24 Service Fee Included)

  • Garnishments for amounts less than $500 have a $58.00 filing fee. 
  • Garnishments for amount greater than $500 have a $68.00 filing fee. 

General Filing Information

  • If there is more than one garnishee or debtor, a separate case must be filed for each one. 
  • Full addresses must be provided on the summons form for debtor and garnishee since this document is served.
  • Full address and phone contacts for the creditor's attorney must be provided on the suggestion form.
  • Each garnishment is a new civil action. Do not assign previous law action numbers to any of the garnishment forms.
  • All garnishment forms must be printed in black ink or typed.
  • Garnishments may be filed at the Clerk's Office between the hours of 9AM and 5PM, Monday through Friday, or by correspondence to:

Henry County Circuit Court Attn: Civil
3160 Kings Mtn Rd, Suite B
Martinsville, VA 24112

  • For any garnishment filing questions, please call our office at 276-634-4880 and select option 6.

Disclaimer

Please remember that staff at the Circuit Court Clerk's office cannot provide any assistance or legal advice. If you are not comfortable completing the above, please contact an attorney.