Chap. 375.—An ACT to amend and reenact Section 6510, as amended, of the
Code of Virginia, in relation to answer to garnishment process. [S 38]

Approved April 1, 1948

Be it enacted by the General Assembly of Virginia:

1. That section sixty-five hundred ten, as amended, of the Code
of Virginia, be amended and reenacted as follows:

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
belong 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 de-
termine 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 may pay to such employee, wages or
other compensation not exceeding the amount exempted by section sixty-
five hundred fifty-five of the Code and in such cases may answer such
garnishment summons by written statement verified by affidavit but not
under seal, certifying that the wages or other compensation of such em-
ployee from such employer does not exceed such amount. Provided that,
if the person so summoned 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 owing 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
yable 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.