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§ 8.01-511.1.Garnishee inability to determine whether it holds property of judgment debtor.

Chapter 18. Executions and Other Means of Recovery · Article 7. Garnishment · Last amended 2026 · Last verified July 16, 2026

In one sentenceShields a non-wage garnishee from liability for not turning over the debtor’s property when the summons lacks enough identifying detail, defines what counts as sufficient information, and requires a garnishee who can identify the debtor to answer the court, notify the debtor, and, for financial institutions, first complete the automatic-exemption review.

Full Text of § 8.01-511.1

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If a summons for the garnishment of property other than wages, salaries, commissions, or other earnings does not contain sufficient or accurate information to enable the garnishee to reasonably identify the judgment debtor, the garnishee shall have no liability to the judgment creditor for failing to deliver the judgment debtor's property in response to the summons. If the summons contains either the social security number or taxpayer identification number of the judgment debtor as it appears in the records of the garnishee, or the name and address of the judgment debtor as they appear in the records of the garnishee, the summons shall be deemed to contain information sufficient to enable the garnishee to reasonably identify the judgment debtor.
If the summons contains sufficient or accurate information to enable the garnishee to reasonably identify the judgment debtor, the garnishee shall (i) answer to the summoning court and further state what the garnishee's records show as the last known address for the judgment debtor and any other information the garnishee deems relevant and (ii) send to the judgment debtor at the last known address a copy of its answer to the court. If the garnishee is a financial institution, such garnishee, prior to sending or filing an answer to the summons, shall complete an examination of any account of the judgment debtor in accordance with the provisions of § 34-4.3 or 34-4.4 to determine whether an automatic exemption applies and to proceed accordingly after making such determination.
No garnishee or creditor who proceeds under the terms of this statute in good faith shall be liable to any person therefor.

Plain-English Summary

Not every garnishee has a wage-withholding relationship with a clean paper trail. A bank holding thousands of accounts, or a business with a common customer name, might have no way to tell whether a particular summons points to their customer at all. Section 8.01-511.1 addresses that identification problem for garnishments of property other than wages, salaries, commissions, or other earnings.

If the summons does not give the garnishee enough to reasonably identify the debtor, the garnishee has no liability for failing to hand over property. The statute draws a bright line for what counts as enough: either the debtor’s Social Security or taxpayer identification number as it appears in the garnishee’s own records, or the debtor’s name and address as they appear there.

When the summons does clear that bar, the garnishee has real obligations: answer the court, state the debtor’s last known address on file and any other relevant information, and separately send the debtor a copy of that answer. A financial institution has one more step first — before answering, it must run the account through the automatic-exemption examination required by § 34-4.3 or § 34-4.4 and act on what that review shows.

A garnishee or creditor who follows this statute in good faith gets a liability shield against a mistaken-identification claim from either side, as long as the process was followed in good faith.

Frequently Asked Questions

What protection does this section give a garnishee who cannot identify the judgment debtor from the summons?

No liability to the judgment creditor for failing to deliver the debtor’s property.

What information is automatically considered sufficient to identify the debtor?

The debtor’s Social Security or taxpayer identification number as it appears in the garnishee’s records, or the debtor’s name and address as they appear there.

What must a garnishee do if it can identify the debtor?

Answer the court with the debtor’s last known address and other relevant information, and send the debtor a copy of that answer.

What extra step must a financial institution take before answering?

Complete the automatic-exemption examination under § 34-4.3 or § 34-4.4 and act on the result before sending or filing an answer.

Does good-faith compliance protect the garnishee from liability generally?

Yes, a garnishee or creditor who proceeds under this statute in good faith is not liable to any person for it.

Amendment History

2002, c. 688; 2026, cc. 637, 638.

Source & verification. Section text and amendment history are reproduced verbatim from the Code of Virginia, published by the Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026. · Official source
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