Chap. 450.—An ACT to amend and reenact Section 6509 of the Code of Virginia,
as amended, relating to when by lien of fieri facias there is a claim on any
person other than judgment debtor, summons may be sued out against him;
how issued, served and return {S 202

Approved April 2, 1948

Be it enacted by the General Assembly of Virginia:

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

Section 6509. When by lien of fieri facias there is a claim on any
person other than judgment debtor, summons may be sued out against
him; how issued, served and returned—On a suggestion by the judg-
ment creditor that, by reason of the lien of his writ of fieri tacias, 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, upon which
sum when determined his said writ of fieri facias is alien, 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, according 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, although 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 publication, and when issued by a justice, such summons may
be directed to a constable, sheriff or sergeant of any county or city
wherein the judgment debtor resides or where the garnishment defendant
resides or where either may be found and made returnable 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.