Unless the garnishee appear to be liable for more than is so delivered and paid, there shall be no judgment against him for costs. In other cases, judgment under §§ 8.01-516.1 and 8.01-519 may be for such costs, and against such party, as the court may deem just.
§ 8.01-521.Judgments as to costs.
Chapter 18. Executions and Other Means of Recovery · Article 7. Garnishment · Last amended 1977 · Last verified July 16, 2026
In one sentenceBars a costs judgment against a garnishee who delivers or pays everything it is liable for, but leaves costs open to the court’s discretion in the contested proceedings governed by §§ 8.01-516.1 and 8.01-519.
Full Text of § 8.01-521
Plain-English Summary
Costs allocation in garnishment turns on one test: did the garnishee come up short? Section 8.01-521 protects a garnishee who hands over everything it owes from getting stuck with costs on top of that.
As long as the garnishee does not appear liable for more than what it already delivered and paid, there is no costs judgment against it — cooperation is not punished. But in the messier cases, the ones that go through the disposition process under § 8.01-516.1 or the failure-to-answer and non-disclosure process under § 8.01-519, the statute does not dictate a fixed rule. Judgment for costs may be entered, and against whichever party the court thinks is fair given how the case played out.
Frequently Asked Questions
When is a garnishee shielded from a costs judgment?
When the garnishee does not appear liable for more than what it already delivered and paid.
What happens to costs in disputed garnishment cases?
Judgment for costs may be entered under §§ 8.01-516.1 and 8.01-519, for such costs and against such party as the court deems just.
Does this section guarantee costs will be awarded against an uncooperative garnishee?
No, it leaves the amount and the responsible party to the court’s discretion in those cases.
What is the underlying principle behind protecting a fully compliant garnishee from costs?
A garnishee who delivers and pays everything it owes has not caused the dispute that generated the costs.
Which two sections define the “other cases” referenced here?
Sections 8.01-516.1 and 8.01-519.
Amendment History
Code 1950, § 8-449; 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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