§ 8.01-520.Payment, etc., by garnishee before return of summons.
Chapter 18. Executions and Other Means of Recovery · Article 7. Garnishment · Last amended 1983 · Last verified July 16, 2026
Full Text of § 8.01-520
Plain-English Summary
A garnishee does not have to wait for the return date to resolve its obligation. Section 8.01-520 offers an early, direct exit: pay the clerk what is owed before the return day, and the exposure is handled without waiting for a hearing or examination.
It is a narrow but useful provision — no need to appear, no need to file a statement, just a payment to the clerk of the court that issued the summons. If the garnishee wants proof the money changed hands, the clerk gives a receipt on request.
This early-payment option matters for garnishees who prefer to close the matter quickly rather than deal with an examination or dispute later — a business, for instance, that owes the debtor a modest, undisputed amount and wants no ongoing entanglement with a pending case.
Frequently Asked Questions
When can a garnishee pay what it owes under this section?
At any time before the return day of the summons.
To whom does the garnishee make the payment?
The clerk of the court issuing the summons.
Does the garnishee get proof of payment?
Yes, the clerk gives a receipt upon request.
Does this early payment require a court appearance?
No, it is a direct payment to the clerk rather than an appearance or examination.
Who is eligible to use this early-payment option?
Any person summoned under § 8.01-511.
Amendment History
Code 1950, § 8-448; 1977, c. 617; 1983, c. 399.