Here you will find judgment laws and rules which apply for the area of garnishments in the states of Vermont, Virginia, and Washington. Realize that codes, regulations, and court rules change from time to time. You will want to check to confirm that these state statutes are up to date as of the time you need to apply them. State garnishment laws will dictate how you must proceed with implementing a garnishment. Garnishments are a primary part of judgment law.
Vermont Procedural Requirements
Trustee process may be used in any civil action commenced in a superior court
or the district court except in actions for malicious prosecution, libel,
slander or alienation of affections. Vt. Statute. Ann. art. 12, _ 3011. A person
or corporation, or the Statutee of Vermont by service upon the Statutee
treasurer, may be summoned as a trustee of the defendant. The goods, effects or
credits of the defendant which are in the hands of such trustee at the time of
service of the writ upon the trustee, or which come into the trustee’s hands or
possession before disclosure, shall thereby be attached and held to respond to
final judgment in the cause. Vt. Statute. Ann. art. 12, _ 3013.
Where issuance of post judgment trustee process is authorized by law, the
judgment on which execution has issued shall be deemed an order of approval
authorizing the clerk to issue one or more summons to any trustee specified by
the judgment creditor, provided that no such summons shall be issued with
respect to earnings and the sum of the amounts for which the goods, effects or
credits of the debtor attached on trustee process does not exceed the amount
that may be collected in levying execution. The judgment creditor also shall
serve on the trustee and the debtor a disclosure form and list of exemptions.
Vt. R. Civil. P. 4.2(k).
Each summons to a trustee shall be filled out and issued to the plaintiff’s
attorney by the clerk of the court in the county where the judgment was entered
or the trustee resides. Vt. R. Civil. P. 4.2(b)(1). The summons to a trustee
shall be dated and signed by the clerk. It shall contain the name of the court,
the names of the parties, and the order of approval (the judgment on which
execution has issued). It shall be directed to the trustee, Statutee the name
and address of the plaintiff’s attorney, the amount for which the goods,
effects, or credits of the defendant are attached, and the time within which
these rules require the trustee to make disclosure. It shall notify the trustee
that in case of the trustee’s failure to do so the trustee will be defaulted and
adjudged trustee as alleged. The amount so attached shall not exceed the amount
specified in the order of approval. Vt. R. Civil. P. 4.2(c).
The plaintiff’s attorney shall deliver to the person who is to make service
the original trustee summons upon which to make his or her return of service and
two copies thereof for service upon the defendant and trustee. The trustee
summons shall be served in like manner and with the same effect as other
process. Plaintiff’s attorney shall also serve a disclosure form on the trustee
along with the summons (personal service or first class mail, postage prepaid
with a notice and acknowledgment and a return envelope, postage prepaid,
addressed to sender). If the answer on the disclosure form do not provide
adequate information, plaintiff may submit interrogatories to the trustee
pursuant to Rule 33, but such interrogatories must be concise. A list of
exemptions shall also be served on the defendant and the trustee. Vt. R. Civil.
When a person is adjudged a trustee, his costs and charges shall be retained
out of the goods, effects and credits in his hands, and he shall be chargeable
on execution for the balance. Vt. Statute. Ann. art. 12, _ 3084. When a person
is adjudged a trustee on account of specific articles of personal property, he
shall not be obliged to deliver the same to the officer serving the execution,
until his costs and charges are fully paid or tendered. Vt. Statute. Ann. art.
12, _ 3085.
When the trustee is discharged, he shall recover judgment against the
plaintiff for his costs and charges and have execution thereof. Vt. Statute.
Ann. art. 12, _ 3086. The plaintiff in a trustee process shall give security for
costs to the trustee by way of recognizance by some person other than the
plaintiff. The security shall be in the sum of $10 for a summons returnable
before the district court and in the sum of $50 for a summons returnable to a
superior court. If trustee process issues without a minute of the recognizance,
with the name of the surety and the sum in which he is bound, signed by the
clerk, thereon, the trustee shall be discharged. Vt. Statute. Ann. art. 12, _
Interest Rate at which Judgments Accrue In the writ of
execution, the clerk shall set forth the amount of post judgment interest due
per day, calculated on the full amount of principal included in the judgment at
the maximum rate allowed by law. Vt. R. Civil. P. 69. The legal rate of interest
shall be twelve percent per annum. Vt. Statute. Ann. tit. 9, _ 41a. Applicable
Forms Notice and Acknowledgment, Vt. R. Civil. P., Form 1B or 1C. List of
exemptions, Vt. R. Civil. P., Form 34. Summons to Trustee, Vt. R. Civil. P.,
Form 2A. Trustee’s Disclosure, Vt. R. Civil. P., Form 21A. 4.0.
Virginia Procedural Requirements
On a judgment for money, it shall be the duty of the clerk of the court in
which such judgment was rendered, upon request of the judgment creditor, to
issue a writ of fieri facias at the expiration of twenty one days from the date
of the entry of the judgment and place the same in the hands of the proper
officer of such court to be executed and take his receipt therefor. Virginia.
Code Ann. _ 8.01 466.
To ascertain the personal Statutee of a judgment debtor to which the debtor
named in a judgment and fieri facias is entitled, upon the application of the
execution creditor, the clerk of the court from which such fieri facias issued
shall issue a summons against any debtor to, or bailee of, the execution debtor.
The summons shall require him to appear before the court from which the fieri
facias issued or a commissioner of a county or city contiguous thereto, or upon
request of the execution creditor, before a like court or commissioner of the
county or city in which the execution debtor resides, or of a county or city
contiguous thereto, to answer such interrogatories as may be propounded to him
by the execution creditor or his attorney, or the court, or the commissioner, as
the case may be. As a condition precedent to such a proceeding, the execution
creditor must furnish the court with a certificate setting forth that he has not
proceeded against the execution debtor under this section within the six months
last preceding the date of such certificate. Virginia. Code Ann. _ 8.01506.
Any money, bank notes, securities, evidences of debt, or other personal
Statutee, tangible or intangible, which it may appear by such answers are in
possession of or under the control of the debtor or his debtor or bailee, shall
be delivered by him or them, as far as practicable, to the officer to whom was
delivered the fieri facias, or to some other, or in such manner as may be
ordered by the commissioner or court. Virginia. Code Ann. _ 8.01507.
On a suggestion by the judgment creditor that, by reason of the lien of his
writ of fieri facias, there is a liability on any person other than the judgment
debtor, a summons in the form prescribed by _ 8.01512.3 may be sued out of the
clerk’s office of the court from which an execution on the judgment is issued or
be sued out of the clerk’s office to which an execution issued thereon has been
returned against such person. The summons and the notice and claim for exemption
form shall be served on the garnishee, and shall be served on the judgment
debtor promptly after service on the garnishee. Service on the judgment debtor
and the garnishee shall be made pursuant to subdivision 1 or 2 of _ 8.01296
(mainly personal service).
When making an application for garnishment, the judgment creditor shall set
forth on the suggestion for summons in garnishment the last known address of the
judgment debtor, and shall furnish the clerk with an envelope, with first class
postage attached, addressed to such address, whereupon a copy of the summons and
the notice for exemptions form shall be inserted into such envelope by the clerk
and sent to the sheriff with the process to be served. The judgment creditor
shall furnish the social security number of the judgment debtor to the clerk,
unless excepted by law. The judgment creditor shall, in the suggestion, specify
the amount of interest, if any, that is claimed to be due upon the judgment,
calculated to the return day of the summons. He shall also set out such credits
as may have been made upon the judgment. Virginia. Code Ann. _ 8.01511.
Interest Rate at which Judgments Accrue The judgment rate of
interest shall be an annual rate of nine percent, except that a money judgment
entered in an action arising from a contract shall carry interest at the rate
lawfully charged on such contract, or at nine percent annually, whichever is
higher. Interest at the judgment rate, where no rate is fixed by the contract,
shall apply to both prejudgment interest and to post judgment interest.
Virginia. Code Ann. _ 6.1330.54. Applicable Forms Garnishment Summons, Virginia.
Code Ann. _ 8.01512.3. Notice of Exemptions, Virginia. Code Ann. _ 8.01512.4.
Washington Procedural Requirements
The clerks of the superior courts and district courts may issue writs of
garnishment returnable to their respective courts for the benefit of a judgment
creditor who has a judgment wholly or partially unsatisfied in the court from
which the garnishment is sought. Wash. Rev. Code Ann. _ 6.27.020.
The judgment creditor as the plaintiff shall apply for a writ of garnishment
by affidavit, Statuteing the following facts: (1) The plaintiff has a judgment
wholly or partially unsatisfied in the court from which the writ is sought; (2)
the amount alleged to be due under that judgment; (3) the plaintiff has reason
to believe, and does believe that the garnishee, Statuteing the garnishee’s name
and residence or place of business, is indebted to the defendant in amount
exceeding those exempted from garnishment by any Statutee or federal law; and
(4) whether or not the garnishee is the employer of the judgment debtor. The
judgment creditor shall pay to the clerk of the superior court the fee provided
by _ 36.18.020 ($20 for each garnishee named in an affidavit for garnishment),
or to the clerk of the district court the fee of two dollars. Wash. Rev. Code
Ann. _ 6.27.060.
A writ of garnishment directed to a bank, savings and loan association, or
credit union that maintains branch offices shall identify either a particular
branch of the financial institution or the financial institution as the
garnishee defendant. The head office of the financial institution shall be
considered a separate branch. The Statuteement may be incorporated in the writ
or served separately. Service shall be by certified mail, return receipt
requested, directed to or by personal service, in the same manner as a summons
in a civil action is served, on the manager, cashier, or assistant cashier of
the financial institution, except that, if the financial institution, and not a
branch, is named as garnishee defendant, service shall be either on the head
office or on the place designated by the financial institution for receipt of
service of process. There shall be served with the writ, as part of the service,
a Statuteement in writing signed by the plaintiff or plaintiff’s attorney,
Statuteing (a) the defendant’s place of residence and business, occupation,
trade, or profession, or (b) the defendant’s federal tax identification number,
or (c) the defendant’s account number, if such information is not incorporated
in the writ. A writ naming the financial institution as the garnishee defendant
shall be effective only to attach deposits of the defendant in the financial
institution and compensation payable for personal services due to the defendant
from the financial institution. A writ naming a branch as garnishee defendant
shall be effective only to attach the deposits, accounts, credits, or other
personal property of the defendant (excluding compensation payable for personal
services) in the possession or control of the particular branch to which the
writ is directed and on which service is made. Wash. Rev. Code Ann. _ 6.27.080.
The writ of garnishment shall set forth in the first paragraph the amount
that the garnishee is required to hold, which shall include the amount of the
judgment remaining unsatisfied plus interest to the date of garnishment plus
taxable costs and attorney’s fees and the estimated costs of garnishment. Costs
recoverable in garnishment proceedings include filing fee, service and affidavit
fees, postage and costs of certified mail, answer fee or fees, and a garnishment
attorney fee in the amount of the greater of fifty dollars or ten percent of the
amount of the judgment remaining unsatisfied. The garnishment attorney fee shall
not exceed two hundred fifty dollars. Wash. Rev. Code Ann. _ 6.27.090.
Service of the writ of garnishment on the garnishee is invalid unless the
writ is served together with four answer forms, three stamped envelopes
addressed respectively to the clerk of the court issuing the writ, the attorney
for the plaintiff, and the defendant, and cash or a check made payable to the
garnishee in the amount of ten dollars. If a writ of garnishment is served by
mail, the person making the mailing shall file an affidavit showing the time,
place, and manner of mailing and that the writ was accompanied by answer forms,
addressed envelopes, and cash or a check and shall attach the return receipt to
the affidavit. Wash. Rev. Code Ann. _ 6.27.110.
From and after the service of a writ, it shall not be lawful for the
garnishee to pay any debt owing to the defendant at the time of such service, or
to deliver, sell or transfer, or recognize any sale or transfer of, any personal
property or effects belonging to the defendant in the garnishee’s possession or
under his control at the time of such service. This restriction does not apply
to any portion of a debt that is exempt from garnishment or any funds or
property in excess of the amount Statuteed in the writ if the garnishee
continues to hold an amount equal to the amount Statuteed in the writ. Wash.
Rev. Code Ann. _ 6.27.120.
When a writ is issued, on or before the date of service of the writ on the
garnishee, the judgment creditor shall mail or cause to be mailed to the
judgment debtor, by certified mail, addressed to the last known post office
address of the judgment debtor a copy of the writ and a copy of the judgment or,
if it is a district court judgment, a copy of the judgment creditor’s affidavit,
and the notice and claim form. Alternatively, the judgment creditor may serve
the Statuteed documents on the judgment debtor personally. Proof of service
shall be filed with the clerk of court. Wash. Rev. Code Ann. _ 6.27.130.
Interest Rate at which Judgments Accrue Judgments founded on
written contracts, providing for the payment of interest until paid at a
specified rate, shall bear interest at the rate specified in the contracts
provided that said interest rate is set forth in the judgment. All judgments for
unpaid child support that have accrued under a superior court order or an order
entered under the administrative procedure act shall bear interest at the rate
of twelve percent. All other judgments shall bear interest from the date of
entry at the maximum rate permitted under _ 19.52.020. Wash. Rev. Code Ann.
Any rate of interest shall be legal so long as it does not exceed the higher
of twelve percent per annum or four percentage point above the equivalent coupon
issue yield of the average bill rate for 26 week treasury bills as determined at
the first bill market auction conducted during the calendar month immediately
preceding the later of the establishment of the interest rate by written
agreement of the parties to the contract or any adjustment in the interest rate
in the case of a written agreement permitting an adjustment. Wash. Rev. Code
Ann. _ 19.52.020. Applicable Forms Writ of Garnishment, Wash. Rev. Code Ann. _
6.27.100. Notice and Claim, Wash. Rev. Code Ann. _ 6.27.140. Answer, Wash. Rev.
Code Ann. _ 6.27.190. 4.0.
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If you need legal advice in order to apply these statutes, don’t hesitate to consult with a judgment lawyer who is licensed in your state.
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Good luck applying judgment laws in order to enforce your judgment!
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