Virginia Garnishment Summons: How to Garnish Wages After a Judgment
You Won — Now You Need the Employer to Pay You
Virginia courts don't collect money on your behalf. After winning a judgment in General District Court, the responsibility shifts to you. If the debtor has a job and disposable income, wage garnishment is often the most effective enforcement tool available.
The process runs through a specific set of court forms under Va. Code § 8.01-511 through § 8.01-525. Ordinarily, the 21-day waiting period under Va. Code § 8.01-466 must expire before execution, unless the court orders earlier execution for good cause.
The Forms You Need (in Order)
Wage garnishment in Virginia uses a standardized form packet issued by the Supreme Court of Virginia:
- Form DC-450 (Suggestion for Summons in Garnishment) — You file this with the court clerk. It identifies the debtor, the garnishee employer, and calculates your outstanding balance including principal, accrued interest, court costs, and service fees.
- Form DC-451 (Garnishment Summons) — The clerk issues this official summons commanding the employer to withhold earnings.
- Form DC-451a (Garnishment Statute Notice) — Attached to DC-451, this tells the employer about withholding caps and statutory rules.
- Form DC-454 (Request for Hearing – Garnishment/Lien Exemption Claim) — Must be served on the debtor so they can claim exemptions if applicable.
- Form DC-455 (Garnishee Information Sheet) — Instructions for the employer on how to answer and what to withhold.
- Form DC-456 (Garnishee's Answer) — The employer completes this form disclosing what they're holding from the debtor's pay.
You don't need to find these individually. They're available as a packet from the General District Court clerk's office or the Virginia Judicial System forms directory.
How Wage Garnishment Actually Works
Step 1: File Form DC-450 with the court clerk after the 21-day post-judgment waiting period, unless the court has ordered earlier execution for good cause. You'll calculate the total owed — principal plus post-judgment interest at 6% per year (Va. Code § 6.2-302) plus any court costs and prior service fees.
Step 2: The clerk issues the Garnishment Summons (DC-451) along with the required attachments (DC-451a, DC-454, DC-455).
Step 3: The sheriff or a process server delivers the packet to the employer and separately serves copies on the debtor. Standard sheriff service runs about $12 per party served.
Step 4: The employer begins withholding from each paycheck. Virginia law caps garnishment at the lesser of 25% of disposable earnings or the amount by which weekly disposable earnings exceed 40 times the state minimum wage (Va. Code § 34-29). With Virginia's 2026 minimum wage at $12.77/hour, the weekly protected floor is $510.80 — earnings at or below that amount are 100% exempt.
Step 5: The employer files the Garnishee's Answer (DC-456) with the court, disclosing what they're withholding.
Step 6: On the return date, if no exemption claim has been filed, the court enters a Garnishment Disposition Order (DC-453) directing the withheld funds to you.
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What It Costs
Typical General District Court fees for a wage garnishment:
- Filing fee: $50
- Sheriff service on the garnishee (employer): $12
- Sheriff service on the debtor: $12
- Total base cost: approximately $74
These fees are added to the judgment balance as recoverable court costs. The debtor ultimately pays them — not you (assuming you collect).
One Critical Detail: It's a Continuing Lien
Unlike bank garnishment, a wage garnishment creates a continuing lien against the debtor's disposable earnings from the date of service through the return date on the summons — typically 90 to 180 days. The employer withholds from every paycheck during that period until the judgment is satisfied or the summons expires.
If the judgment isn't fully paid when the garnishment period ends, you file a new Suggestion for Summons to restart the process.
What Happens If the Employer Doesn't Respond
If the employer ignores the Garnishee's Answer deadline or fails to appear on the return date, the court issues a Show Cause Summons (Form DC-481x). If the employer still doesn't respond after proper service, the court can enter a default judgment directly against the employer for the full amount of your claim under Va. Code § 8.01-518.
When Wage Garnishment Won't Work
Child support withholding orders always take priority over civil judgment garnishments regardless of when your summons was served. If the debtor already has a child support order consuming most of their disposable income, your garnishment may yield little or nothing.
The debtor can also claim exemptions through Form DC-454. If the court finds their income falls below the protected floor, the garnishment gets reduced or dismissed entirely.
If you're unsure whether wage garnishment is the right tool — or you need to identify the debtor's employer first — the Virginia judgment collection guide walks through every enforcement option in sequence, including debtor interrogatories for discovering employment and assets before you file.
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