A. If the amount of liability is not disputed and the garnishee admits liability to the court either by (i) examination on the return date of the summons, or (ii) written statement as provided by § 8.01-515 on or before the return date of the summons, the court shall order the delivery of such estate or payment of the value of such estate into court without entering judgment against the garnishee. Should a garnishee fail to comply with the order within thirty days after service of such order on the garnishee, then judgment may be entered against the garnishee.
B. Upon certification by the judgment creditor, its bona fide employee, or its attorney that its claim has been satisfied or that it desires its action against the garnishee to be dismissed for any other reason, the court, or clerk thereof, where the action has been filed, shall, by written order, which may be served by the sheriff, notify the garnishee to cease withholding assets of the judgment debtor, and to treat any funds previously withheld as if the original garnishment action had not been filed. The court in which the garnishment action was filed shall then dismiss the action on or before the return date.
1983, c. 399; 1993, c. 385.
Notes of Decisions
SunTrust Bank v. PS Bus. Parks, L.P., 791 S.E.2d 571 (Va. 2016).
· cites it 2× “" After thirty days elapsed without payment, the court entered judgment against SunTrust pursuant to Code § 8.01-516.1 for $706,755.17 plus interest.”
Umbro Int'l, Inc. v. 3263851 Canada, Inc., 50 U.S.P.Q. 2d (BNA) 1786 (Fairfax Cir. Ct. 1999).
· cites it 2× “Replaced by Va. Code Ann. § 8.01-516.1 . However, die garnishee, being a mere stakeholder or custodian of such debt or property, may avoid all personal liability by surrendering to the court for its proper disposition any amount of money or any specific property due the judgment…”
Randi Michelle Nimitz (Bankr. E.D. Va. 2019).
· cites it 3× “4(“If the process as set forth in this code section [Va. Code § 8.01-516.1(B)] is utilized then ALL of the funds withheld pursuant to the garnishment must be released and returned to the Debtor.”
McClenahen v. McNabb, 54 Va. Cir. 489 (Spotsylvania Cir. Ct. 2001).
· cites it 2× “Section 8.01-516.1(A). If, as here, the garnishee fails to answer or appear, the court inquires of the garnishee’s liability.”
Va. Code Ann. § 8.01-516.1(A): 1 case
McClenahen v. McNabb, 54 Va. Cir. 489 (Spotsylvania Cir. Ct. 2001).
“Section 8.01-516.1(A). If, as here, the garnishee fails to answer or appear, the court inquires of the garnishee’s liability.”
Va. Code Ann. § 8.01-516.1(B): 1 case
Randi Michelle Nimitz (Bankr. E.D. Va. 2019).
“4(“If the process as set forth in this code section [Va. Code § 8.01-516.1(B)] is utilized then ALL of the funds withheld pursuant to the garnishment must be released and returned to the Debtor.”
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