by KPMLAW | May 18, 2015 | KPMBlog, News, Uncategorized
Being served with a garnishment summons that orders an employer to garnish the wages of its employee is a standard business practice for most companies. However, under Virginia law, if a garnishee fails to comply with a garnishment summons, then judgment may be entered against the garnishee. Va. Code. 8.01-516.1. While most companies are probably familiar with this penalty, the way in which a garnishment summons is served in Virginia is different, and more expansive, than the normal rules governing service of process. If a business is not familiar with Virginia’s service laws for garnishment summons, it can quickly find itself responsible for the wages it failed to garnish. In Virginia, service on a domestic or foreign corporation is most commonly effectuated by personal service on any officer, director or registered agent. Va. Code Ann. 8.01- 299; Va. Code Ann. 8.01-301. In certain circumstances a foreign corporation may also be served through personal service of an agent within the Commonwealth of Virginia, the Virginia State Corporation Commission, the Secretary of the Commonwealth, by personal service outside the Commonwealth of Virginia, or by order of publication. Va. Code Ann. 8.01-301. However, in a garnishment proceeding, Virginia has eased the burden and broadened the ways service may be properly effectuated. Service in a garnishment proceeding is governed by Va. Code Ann. 8.01-513, which states that when effectuating service on a corporation, the summons shall be served upon an officer, an employee designated by the corporation, or if no such person is designated or cannot be found, upon a managing employee. Va. Code Ann. 8.01-513. Effectuating service on an LLC must be...
