The DC-450 form serves as a critical tool within the Virginia legal system for executing a process known as garnishment, specifically designed to fulfill financial judgments awarded by the courts. As a suggestion for summons in garnishment, it meticulously outlines the amount due from a debtor, including principal judgment, accrued interest, attorney’s fees, and garnishment costs, which the garnishee—or the party holding the debtor's funds—is instructed to rely upon. This document also delineates various garnishment scenarios, whether targeting the debtor's wages, salary, or other forms of compensation, or different assets, underlining the versatility of its application. Furthermore, it stipulates the permissible portion of the debtor's disposable earnings that can be garnished, governed by state laws and dependent on the debtor's specific obligations, such as support payments or state taxes. Equally important, the form calls for the crediting of payments made towards the debt, ensuring a transparent account is kept. It sets forth conditions under which the garnishment summons can be issued, emphasizing the need for judicious application, including provisions for debts related to essential services or reaffirmed obligations post-bankruptcy. The legal ramifications for providing false information on a DC-450 form are severe, highlighting its importance in maintaining integrity within the judicial process. This form embodies a structured approach to debt recovery, ensuring creditors can claim outstanding debts while also safeguarding debtor rights under the law.
| Question | Answer |
|---|---|
| Form Name | Form Dc 450 |
| Form Length | 2 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 30 sec |
| Other names | GARNISHMENT, comaker, refinance, endorser |
SUGGESTION FOR SUMMONS IN GARNISHMENT
Commonwealth of Virginia Va. Code §
................................................................................................................................................ General District Court
CITY OR COUNTY
ORIGINAL JUDGMENT
CASE NO. |
RETURN DATE |
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SUGGESTION FOR SUMMONS
IN GARNISHMENT
STATEMENT
$.............................. Judgment Principal
.............................. Credits (see reverse)
.............................. Interest at ______ % to return date
.............................. Judgment Costs
.............................. Attorney’s Fee
.............................. Garnishment Costs
$.............................. Total Balance Due The garnishee shall rely on this amount.
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DATE OF JUDGMENT |
DATE EXECUTION ORDERED |
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CITY OR COUNTY WHERE JUDGMENT ENTERED
MAXIMUM PORTION OF DISPOSABLE EARNINGS
SUBJECT TO GARNISHMENT
[] Support (if not specified, then 50%)
[] 50% [] 55% [] 60% [] 65% [] State Taxes, 100%
If none of the above are checked, then §
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JUDGMENT CREDITOR’S NAME
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STREET ADDRESS
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CITYSTATEZIP
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TELEPHONE NUMBER
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JUDGMENT CREDITOR’S ATTORNEY’S NAME
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STREET ADDRESS
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I request the Clerk to summon the Suggested Garnishee to answer this suggestion.
This is a garnishment against (check only one) [] the judgment debtor’s wages, salary or other compensation. [] some other debt due or
property of the judgment debtor, specifically ..........................................................................................................................................................................
I have reason to believe that there is a liability on the suggested garnishee because of the execution on the “ORIGINAL JUDGMENT” described above. I certify that:
[] (1) The summons is based upon a judgment upon which a prior summons has been issued but not fully satisfied; or
[] (2) No summons has been issued upon this judgment creditor’s suggestion against the same judgment debtor within a period of eighteen months, other than a summons which was based upon a judgment upon which a prior summons has been issued but not fully satisfied; or
[] (3) The summons is based upon a judgment granted against a debtor upon a debt due or made for necessary food, rent, or shelter, public utilities including telephone service, drugs, or medical care supplied the debtor by the judgment creditor or to one of his or her lawful dependents, and that it was not for luxuries or nonessentials; or
[] (4) The summons is based upon a judgment for a debt due the judgment creditor to refinance a lawful loan made by an authorized lending institution; or
[] (5) The summons is based upon a judgment on an obligation incurred as an endorser or comaker upon a lawful note; or
[] (6) The summons is based upon a judgment for a debt or debts reaffirmed after bankruptcy.
I hereby certify that the last known address of the defendant is as shown at right.
[] I represent that I have made a diligent, good faith effort to secure the social security number of the judgment debtor and have been unable to do so.
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DATE SUBMITTED |
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JUDGMENT CREDITOR [ ] |
AGENT |
[ ] ATTORNEY |
WARNING: Any judgment creditor who knowingly gives false information in a Suggestion for Garnishment shall be guilty of a class 1 misdemeanor.
FORM
CITYSTATEZIP
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TELEPHONE NUMBER
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JUDGMENT DEBTOR’S NAME
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STREET ADDRESS
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CITYSTATEZIP
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SOCIAL SECURITY NUMBERTELEPHONE NUMBER
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SUGGESTED GARNISHEE’S NAME (SEE NOTE BELOW)
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STREET ADDRESS
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CITYSTATEZIP
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TELEPHONE NUMBER
If garnishee is judgment debtor’s employer, please furnish employer’s name, and state whether it is a corporation, or one or more persons trading under a fictitious or trade name.
INSTRUCTIONS TO JUDGMENT
Show how these credits were computed on this side of this form or on an attached sheet of paper. You should show:
—Date and amount of each payment.
—How interest is computed.
—How payments are credited.
FORM