Notwithstanding the provisions of §§ 8.01-515 and 8.01-516.1, any employer against whom any garnishment is served in connection with an action or judgment against an employee may pay to such employee when due wages or salary not exceeding the amount exempted by § 34-29 unless such exemptions shall have been specifically disallowed by the court and shall answer such garnishment summons by a written statement verified by affidavit, showing the amount of wages or salary due on the return date of the garnishment summons and the amount of wages or salary so exempted, and if there shall be an excess of wages or salary so due over the amount of the exemptions, the employer may pay the amount of such excess into the court where the garnishment summons is returnable, which payment when determined by the court to be correct will constitute a discharge of any liability of the employer to the employee for the wages or salary so withheld.
§ 8.01-517.Exemption of portion of wages; payment of excess into court.
Chapter 18. Executions and Other Means of Recovery · Article 7. Garnishment · Last amended 1977 · Last verified July 16, 2026
In one sentenceLets an employer served with a garnishment keep paying the employee the wage amount exempted under § 34-29, unless the court has disallowed that exemption, so long as the employer answers with a sworn statement showing wages due and exempted and pays any excess into court, which discharges the employer’s liability for the withheld amount.
Full Text of § 8.01-517
Plain-English Summary
Sections 8.01-515 and 8.01-516.1 describe the general garnishee-response process, but wages need special handling because an employer cannot freeze an employee’s whole paycheck — the law protects a portion of every check regardless of the garnishment. Section 8.01-517 gives employers a self-executing path to handle that split without waiting on a separate court ruling every pay period.
The employer keeps paying the employee the § 34-29 exempt amount as it comes due, unless the court has specifically disallowed the exemption in this case. In exchange, the employer answers the summons with a sworn, verified statement laying out how much wages were due on the return date and how much of that was treated as exempt.
Whatever is left over, the non-exempt excess, the employer pays into the court where the summons is returnable. Once the court confirms that calculation is correct, the payment discharges the employer from any further liability to the employee for those particular wages, closing the loop for both sides.
Frequently Asked Questions
Can an employer keep paying an employee the exempt portion of wages during a garnishment?
Yes, up to the amount exempted by § 34-29, unless the court has specifically disallowed that exemption.
How must the employer document what it paid and withheld?
Through a written statement verified by affidavit showing the wages due on the return date and the amount exempted.
What happens to the non-exempt excess?
The employer pays it into the court where the garnishment summons is returnable.
Does paying the excess into court end the employer’s liability?
Yes, once the court determines the payment is correct, it discharges the employer’s liability for the withheld wages.
Which sections does this provision qualify?
It applies notwithstanding §§ 8.01-515 and 8.01-516.1.
Amendment History
Code 1950, § 8-445; 1952, c. 377; 1954, c. 379; 1977, c. 617.
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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