§ 8.01-523.Service upon federal government.
Chapter 18. Executions and Other Means of Recovery · Article 7. Garnishment · Last amended 1977 · Last verified July 16, 2026
Full Text of § 8.01-523
Plain-English Summary
Garnishing money the federal government owes a judgment debtor raises a jurisdictional wrinkle — the government cannot be served the way a private employer would be. Section 8.01-523 sets the specific channel Virginia law uses.
The default target is the managing employee of whichever federal agency the suggestion claims is liable. For a member of the armed forces, though, service goes instead to the chief fiscal officer of the military post where the debtor was last assigned, recognizing that pay for servicemembers runs through the military’s own fiscal chain rather than a typical civilian agency office.
If neither of those routes works, because the managing employee or fiscal officer cannot be reached, the statute does not leave the creditor stuck. It falls back to federal practice, allowing service on a United States attorney or other federal agent the way Rule 4(d)(4) of the Federal Rules of Civil Procedure describes, keeping current with however that federal rule is amended over time.
Frequently Asked Questions
How is a garnishment against the federal government normally served?
On the managing employee of the federal agency alleged to be liable.
How is service handled for a member of the armed forces?
On the chief fiscal officer of the military post to which the debtor was last assigned.
What if service cannot be made on those officials?
Service may be made on a United States attorney or other agent in the manner set forth in Rule 4(d)(4) of the Federal Rules of Civil Procedure.
Does this section track changes to the federal rule over time?
Yes, it references Rule 4(d)(4) as from time to time amended.
Does this section apply to garnishing a private employer?
No, it specifically governs garnishment suggestions of liability against the United States.
Amendment History
Code 1950, § 8-441.3; 1976, c. 659; 1977, c. 617.