CHAPTER 502

An Act to amend and reenact § 8-441 of the Code of Virginia, relating to
the institution of garnishment proceedings and providing for certain
lamitations.

[H 381]

Approved March 31, 1960

Be it enacted by the General Assembly of Virginia:
rai That § 8-441 of the Code of Virginia be amended and reenacted as

ollows:

§ 8-441. 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, upon which sum when determined such 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 trial justice, may be issued by a
trial justice, or sued out of the clerk’s office to which an execution issued
thereon has been returned as provided in § 16-35 against such person; and
a copy thereof shall be served on the judgment debtor as well as on such
person, or, if he be a nonresident, he shall be proceeded against by publica-
tion, according to the provisions of § 8-71, unless the summons was sued
out from a trial justice, in which case, there shall be no order of publication.

No summons under this section shall be issued at the suggestion of the
judgment creditor or his assignee against the wages of a judgment debtor
unless the judgment creditor, his agent or attorney shall allege, under oath,
in his suggestion that:

(1) The summons is based upon a judgment upon which a prior
summons has been issued but not fully satisfied; or

(2) No summons has been issued upon his suggestion against the
same judgment debtor within a period of eighteen months, other than
under the provisions of paragraph (1) above; or

(3) The summons is based upon a judgment granted against a
debtor upon a debt due or made for necessary food, rent or shelter, public
utilities including telephone service, drugs, or medical care supplied the
debtor by the judgment creditor or to one of his lawful dependents, and
that it was not for luxuries or nonessentials; or

(4) The summons is based upon a judgment for a debt due the judg-
ment creditor to refinance a lawful loan made by an authorized lending
institution; or

(5) The summons is based upon a judgment on an obligation incurred
as an endorser or comaker upon a lawful note; or

(6) The summons is based upon a judgment for a debt or debts re-
affirmed after bankruptcy.

Any judgment creditor who knowingly gives false information upon
any such suggestion made under this chapter shall be guilty of a misde-
meanor and, upon conviction thereof, shall be punished accordingly.