Chap. 386.—An ACT to amend and re-enact section 6509 and section 6510, as here-
tofore amended, of the Code of Virginia, both sections being in relation to
garnishment. [H B 105]

Approved March 29, 1932

1. Be it enacted by the general assembly of Virginia, That section
sixty-five hundred and nine, and section sixty-five hundred and ten,
as heretofore amended, of the Code of Virginia, be amended and re-
enacted so as to read as follows:

Section 6509. 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, or, that there is in the hands of
some person in his capacity as personal representative of some decedent,
a sum of money to which a judgment debtor is or may be entitled as
creditor or distributee of such decedent, which sum when determined
his said writ of fieri facias is a lien, a summons may be sued out of the
clerk’s office of the court in which the judgment is, or, if rendered by
a justice, may be issued by a justice, or sued out of the clerk’s office to
which an execution issued thereon has been returned as provided in
section six thousand and thirty, against said person; and a copy thereof
shall be served on the judgment debtor as well as on said person, or, if
he be a nonresident, he shall be proceeded against by publication, ac-
cording to the provisions of section six thousand and sixty-nine, unless
the summons was sued out from a justice, in which case, there shall be
no order of publication. The return day of such summons, when sued
out from the clerk’s office, may be to the next term of the court, al-
though more than ninety days after the date thereof, but if there be
publication against a nonresident judgment debtor who does not appear
in the proceedings, there shall be no judgment against a garnishee prior
to the term of the court after the completion of the order of publica-
tion, and when issued by a justice, such summons may be made return-
able before any justice of the county or corporation in which the same
issued, and shall be made returnable within sixty days at some certain
place within such county or corporation to be named in such summons,
and within the magisterial district wherein such judgment debtor resides
at the time of the service of such summons.

Section 6510. A person so summoned shall appear in person and
be examined on oath, or he may file a statement verified by affidavit ;
and a corporation so summoned shall appear by an authorized agent
who shall be examined on oath, or it may file a statement, not ‘under
seal, verified by affidavit of such authorized agent. Such statement
shall show the amount the garnishee is indebted to the judgment debtor,
if any, or what property or effects, if any, the garnishee has or holds
which belongs to the judgment debtor, or in which he has an interest.
If the judgment debtor dispute the verity or accuracy of such statement
and so desire, then summons shall issue requiring the appearance of
such person or authorized agent for examination on oath, and requiring
him to produce such books and papers as may be necessary to deter-
mine the fact. If it appear from such verified statement or upon either
such examination that there is any such liability on him, the court
or justice may give judgment against him for any amount found due
the execution debtor, and order him to deliver any estate for which
there is such liability, or pay the value of such estate, to any officer
whom it may designate; and the levy of an execution on such order
shall be valid, although levied by such officer. Provided that any em-
ployer against whom any garnishment is served in connection with a
judgment against a wage earner, who is a householder or head of a
family, notwithstanding such garnishment, may pay to such employee,
wages or other compensation not exceeding fifty dollars per month and
in such cases may answer such garnishment summons by written state-
ment verified by affidavit but not under seal, certifying that the wages
or other compensation of such employee from such employer does not
exceed fifty dollars per month. Provided that, if the person so sum-
moned be the personal representative of a decedent, he shall answer
in writing whether or not there is in his hands in his fiduciary capacity,
any sum of money going to the judgment debtor, and if so, the amount
thereof, if the same has been definitely determined, and when it will be
payable by him; and if such amount has not been definitely ascertained,
the court shall continue the case, with direction to him to thereafter, and
as soon as such amount has been definitely determined, report the
same to the court, and say when it will be payable by him. In either
event, and when the amount so going to the judgment debtor has been
definitely fixed and determined, the court shall direct the disposition of
such fund to the creditor of such other person or persons according as
their rights may be determined. ,