Legal Question in Credit and Debt Law in Virginia

Re: Company Rep for Garnishment Issue

Technically, the subpoena is not enforceable against you under those exact circumstances. However, you may want to comply with the subpoena just to play it safe.

We are guessing here, and that is dangerous, but it sounds to me as if the COMPANY was served with a subpoena and they were asked to produce you as THEIR employee who signed the garnishments. (For what reason I cannot imagine, as that certainly sounds strange and abnormal. Demanding the testimony of the person who signed the garnishment bears no relationship to any legitimate issue I have ever seen with a garnishment. This adds to my concern that we do not really know what is going on here, and you might want to play it safe by showing up.)

I am guessing from what little we know that the company has a responsibility. Since you are no longer their employee, the company would bear the burden of PERSUADING you to show up, to satisfy THEIR responsibility by paying you for your time and any lost wages at your current job. They must make it worth your while.

Furthermore, "service" of the subpoena at a location where you no longer are is not binding upon you. A subpoena left with someone at your place of business is NOT good "service." At your current home, "service" can be valid by leaving it with an adult family member if you are not there. However, at a place of business (even if you still work there), "service" by giving the subpoena to someone else, other than you, is VOID. It is like it never happened. "Service" by giving someone else the subpoena is only valid at your place of residence. It does not work at any other place. Away from your home, the subpoena must be put in your own hand, personally. The fact that the subpoena was served at your old place of business, where you no longer work, adds to invalidity of the subpoena.

HOWEVER, this is a situation where it would be better to err on the side of caution. For one thing, if there is anything about this situation that we do not understand correctly, you could incur the wrath of the judge if you don't show up.

Secondly, judges are not very happy when people don't obey the authority of the court. They also don't like it when hearings have to be repeated and rescheduled because someone does not show up. Therefore, you could be 100% within your rights by not showing up, and the judge could still be upset. (Yes, judges make mistakes and even ignore the laws sometimes.) The judge could potentially order a fine or even a day in jail. That is extremely, extremely unlikely. And I think you have a legal right not to show up. But the time and trouble to fight for your rights would probably not be worth the alternative of just showing up. If the judge got mad at you for not showing up, the time, effort, and expense to prove that you were legally in the right would be worse than the inconvenience of just showing up.

Re: Company Rep for Garnishment Issue

If your new state of residence is further than D.C. or Maryland from the courts of the Commonwealth, I would ignore it. Proper service has not been made upon you and it's up to those serving the subpoena to ascertain the correct residence address of the one upon whom the subpoena is to be served. Such has not been done in your case situation.