8.01-515 - How garnishee examined; determining exemption from employee's withholding certificate; amount due pursuant to exemptions in § 34-29 (a). - Virginia Statutes

§ 8.01-515. How garnishee examined; determining exemption from employee'swithholding certificate; amount due pursuant to exemptions in § 34-29 (a).

A person so summoned shall appear in person and be examined on oath or he mayfile a statement. A corporation so summoned shall appear by an authorizedagent who shall be examined on oath or may file a statement, not under sealof such authorized agent. Such statement shall show the amount the garnisheeis indebted to the judgment debtor, if any, or what property or effects, ifany, the garnishee has or holds which belongs to the judgment debtor, or inwhich he has an interest. Payment to the court of any amount by the garnisheeshall have the same force and effect as a statement which contains theinformation required by this section. If the judgment debtor or judgmentcreditor disputes the verity or accuracy of such statement or amount and sodesires, then summons shall issue requiring the appearance of such person orauthorized agent for examination on oath, and requiring him to produce suchbooks and papers as may be necessary to determine the fact.

In determining the exemption to which the employee is entitled, the employermay until otherwise ordered by the court rely upon the information containedin the employee's withholding exemption certificate filed by the employee forfederal income tax purposes, and any person showing more than one exemptionthereon shall be considered by him to be a householder or head of a family.

The employer may apply the exemptions provided in § 34-29 (a) unlessotherwise specified on the summons, or unless otherwise ordered by the court.

(Code 1950, § 8-443; 1954, c. 379; 1977, c. 617; 1979, c. 242; 1983, c. 399.)