Legal Question in Civil Litigation in Virginia

Filing a Garnishment

I won a Judgement on an individual on 2/11/02 for $1000.00 + $43.00 Court Costs, plus interest of 9%. She has paid $20.00 to date. I would like to Garnish her bank acct. I have all of her bank acct info, but am totally confused about how to fill out the form. I understand that the Judgement amt is $1000.00 and I can figure out the interest, but I have also incurred other expenses trying to collect on this Judgement. I have paid an attorney $46.00 to try to Garnish her wages, but that failed, I paid $46.00 to a 'collection agency', that failed also. I have spent $12.00 in postage to mail requests for payments. Am I able to add these expenses to the Garnishment? If so, how? Also, can I add the filing fee of the Garnishishment itself when I file? That will be about $85.00. The confusion I have is what to put on which line of the form. Do I add all of my expenses, including the garnishment fees to the garnishment costs line?


Asked on 9/21/04, 9:44 pm

2 Answers from Attorneys
Jonathon Moseley Jonathon A. Moseley

Re: Filing a Garnishment

You can add the cost of the court filing fees. It's my understanding that that is the only cost you can add to the amount being garnished, except that of course interest continues to accumulate.

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Answered on 9/23/04, 1:30 am
Thomas Dunlap Dunlap, Grubb & Weaver, PLLC

Re: Filing a Garnishment

There are directions at the state court website. But because every county in Virgnia has slightly different filing rules and notice requirements, however little sense that makes, I suggest calling the local General District Court clerk.

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Answered on 9/21/04, 9:51 pm


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