8.01-522 - Wages and salaries of State employees. - Virginia Statutes

§ 8.01-522. Wages and salaries of State employees.

Unless otherwise exempted, the wages and salaries of all employees of thisCommonwealth, other than State officers, shall be subject to garnishment orexecution upon any judgment rendered against them. Whenever the salary orwages of such employees as above mentioned shall be garnished under thissection, the process shall be such as is usual in other cases of garnishmentand shall be served on the judgment debtor and on the officer or supervisorwho is head of the department, agency, or institution where the employee isemployed, or other officer through whom the judgment debtor's salary or wagesis paid, provided that process shall not be served upon the State Treasureror the State Comptroller except as to employees of their respectivedepartments, and upon such service the officer or supervisor shall, on orbefore the return day of process, transmit to the clerk of the court issuingthe process a certificate showing the amount due from the Commonwealth tosuch judgment debtor, up to the return day of the process, which amount theofficer or supervisor shall hold subject to order of the court issuing theprocess. Such certificate shall be evidence of all facts therein stated,unless the court direct that the deposition of the officer or supervisor, orsuch other officer through whom the judgment debtor's salary or wages bepaid, be taken, in which event the deposition of the officer or supervisorshall be taken in his office and returned to the clerk of the court in whichthe garnishment is, just as other depositions are returned, and in no suchcase shall the officer or supervisor be required to leave his office totestify. In all proceedings under this section, if the judgment be for theplaintiff, the amount found to be due the judgment debtor by the Commonwealthshall be paid as directed by the court.

(Code 1950, § 8-449.1; 1958, c. 430; 1973, c. 236; 1977, c. 617.)