Chapter 18. Executions and Other Means of Recovery · Article 7. Garnishment · Last amended 1993 · Last verified July 16, 2026
In one sentenceWhen a garnishee admits undisputed liability, by examination or written statement, the court orders delivery or payment of the estate into court without entering judgment against the garnishee, though failure to comply within thirty days opens the door to judgment, and a creditor who has been satisfied can obtain an order for the garnishee to stop withholding and treat the case as never filed.
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.
Plain-English Summary
Garnishment cases resolve in a handful of predictable ways, and Section 8.01-516.1 lays out two of the most common: the clean admission and the voluntary drop.
When the garnishee does not dispute how much it owes, admitting liability either at the return-date examination or through a written statement filed under § 8.01-515, the court does not need to enter judgment against the garnishee at all. It orders the garnishee to deliver the property or pay the value into court. That is a meaningful distinction — the garnishee is treated as a cooperative stakeholder, not an adjudicated debtor, unless it then misses the thirty-day deadline to comply, at which point judgment can follow.
The other track handles cases the creditor no longer wants to pursue, because the debt was paid, or for any other reason the creditor cites. On the creditor’s, or the creditor’s employee’s or attorney’s, certification, the court or clerk issues a written order telling the garnishee to stop withholding and to treat any funds already withheld as though the garnishment never happened, and the court dismisses the action by the return date. That returns the debtor’s money into circulation without a drawn-out unwind process.
Frequently Asked Questions
What happens when a garnishee admits liability and the amount is not disputed?
The court orders delivery of the property or payment of its value into court, without entering judgment against the garnishee.
What if the garnishee does not comply with that order?
If the garnishee fails to comply within thirty days after service of the order, judgment may be entered against the garnishee.
How can a creditor end a garnishment early?
By certifying to the court that the claim has been satisfied or that dismissal is wanted for another reason.
What happens to funds already withheld when a garnishment is dismissed this way?
The garnishee is directed to treat them as if the original garnishment action had never been filed.
Who can make the certification that ends the garnishment?
The judgment creditor, the creditor’s bona fide employee, or the creditor’s attorney.
Amendment History
1983, c. 399; 1993, c. 385.
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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