Virginia Bank Garnishment After a Judgment: How to Levy a Bank Account

It Only Captures What's in the Account Right Now

Bank garnishment in Virginia is a snapshot, not a continuing lien. When the sheriff serves the Garnishment Summons on the bank, it reaches funds on deposit at that moment, subject to exemptions and protected federal benefits. Deposits that arrive afterward are untouched — if you want those, you need to file a new garnishment.

That makes timing critical. If you serve the garnishment the day before the debtor's paycheck hits their account, you get whatever small balance was sitting there. Serve it the day after, and you capture the full deposit.

The Filing Process

Bank garnishment uses the same form packet as wage garnishment under Va. Code § 8.01-511 through § 8.01-525:

1. File Form DC-450 (Suggestion for Summons in Garnishment) with the court clerk after the 21-day post-judgment waiting period expires. Calculate the total owed: principal, post-judgment interest at 6% annually (Va. Code § 6.2-302), court costs, and service fees.

2. The clerk issues Form DC-451 (Garnishment Summons) along with DC-451a, DC-454, and DC-455.

3. The sheriff serves the bank with the garnishment packet. The bank reviews the account and restricts funds subject to garnishment; protected federal benefit amounts remain accessible.

4. The bank files Form DC-456 (Garnishee's Answer), disclosing the frozen balance.

5. On the return date, if no exemption claim has been filed, the court enters a disposition order directing release of the funds to you.

Filing and service fees are the same as wage garnishment: roughly $74 total ($50 filing + $12 service on the bank + $12 service on the debtor). These fees are recoverable as court costs.

The Federal Benefit Protection You Can't Override

Under 31 C.F.R. Part 212, banks must perform a two-month lookback when served with a garnishment summons. If the debtor receives direct-deposited federal benefits — Social Security, SSI, VA benefits, federal civil service retirement — the bank must calculate the "protected amount" from the prior two months and keep those funds accessible to the account holder.

This happens automatically. The debtor doesn't need to file an exemption claim for this protection to apply. If the entire balance traces to protected federal deposits, the bank's Garnishee's Answer will show $0 available for garnishment.

Knowing Where They Bank

The biggest obstacle to bank garnishment is identifying the debtor's bank and branch. You need to name a specific financial institution on Form DC-450. If you guess wrong and the debtor has no account at that bank, the garnishment returns empty — and you're still out the filing and service fees.

That's why debtor interrogatories under Va. Code § 8.01-506 are often the necessary first step. The court can compel the debtor to appear under oath and disclose their bank accounts, balances, and deposit sources. Once you have that information, you can target the garnishment precisely.

When to Use Bank Garnishment vs. Wage Garnishment

Wage garnishment is a slow, steady drip — up to 25% of disposable earnings each pay period, subject to the protected earnings floor. Bank garnishment is a one-time grab at whatever cash is in the account.

Bank garnishment works best when:

• The debtor has a known account with a substantial balance (tax refund season, settlement payouts, business income deposits)
• The debtor is self-employed and doesn't have wages to garnish
• You need to collect quickly rather than waiting through months of payroll deductions

Wage garnishment works better when:

• The debtor has steady employment but limited savings
• You want ongoing automatic payments without refiling

You can use both tools simultaneously — they aren't mutually exclusive. The Virginia judgment collection guide covers how to sequence these tools based on what you know about the debtor's assets.

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