How to Serve a Bank Garnishment for an LLC's Virginia Bank Account

By Timothy Mucciante

When a debt owed by a limited liability company goes unpaid, the creditor may serve garnishment papers on any bank that holds money for the LLC. The commonwealth of Virginia has a very specific process for serving a garnishment on a bank garnishee and the LLC debtor, with several different options available for how to serve these papers. Before any garnishment process may start, the creditor must obtain a judgment against the debtor.

When a debt owed by a limited liability company goes unpaid, the creditor may serve garnishment papers on any bank that holds money for the LLC. The commonwealth of Virginia has a very specific process for serving a garnishment on a bank garnishee and the LLC debtor, with several different options available for how to serve these papers. Before any garnishment process may start, the creditor must obtain a judgment against the debtor.

Step 1

Find a bank holding the debtor’s money. If you kept copies of checks that the debtor has given you for past payments, these may be helpful in finding the debtor’s bank. If the debtor does business with other companies with which you are familiar, contact them and ask if they have banking information on the debtor. Any credit application that the debtor completed before doing business with you may also contain banking information.

Ready to start your LLC? Start an LLC Online Now

Step 2

Request that the clerk of the court in which you received the judgment against the debtor to issue a writ of fieri facias -- a so-called FiFa -- against the found bank account.

Step 3

Serve the bank garnishee with the FiFa. Generally, serving a bank with legal papers is very straightforward; many banks allow service of process on the authorized representative at a branch in the county where the garnishment is being pursued. The FiFa can be served on the bank by a person authorized to serve process in Virginia. Typically a law enforcement officer will serve the FiFa, but Virginia statute allows for private process servers as well.

Step 4

Arrange for service of the FiFa on an authorized officer or managing member of the LLC debtor, as well as the Virginia registered agent for the LLC. The registered agent for a LLC can be found by contacting the Virginia State Corporation Commission. Again, this can be done by a law enforcement officer or a private process server. In the event the LLC cannot be found and does not have a registered agent, the clerk for the State Corporation Commission can be served.

Step 5

Request the clerk to issue a "summons in garnishment" once the FiFa is served on the garnishee. Serve the summons in garnishment on the garnishee and debtor using the methods in steps 3 and 4. The judgment debtor must receive his copy of the summons soon after the summons is served on the garnishee. The summons sets the date for the court hearing at which the debtor may contest the validity of the garnishment.

Ready to start your LLC? Start an LLC Online Now
How to File a Claim for Money Owed in a Chapter 13 Situation

References

Resources

Related articles

Can a Bank Freeze a Revocable Trust Account?

Trust assets aren't necessarily safe from a lockdown by the trust custodian. A bank that receives a judgment or court order can freeze a trust account until a debt is satisfied. Its authority to do this depends on how the trust is set up, who the beneficiaries are, and whether or not the trust has a "spendthrift" provision designed to stop a beneficiary from wasting money.

How to Obtain a Divorce in North Carolina

If you wish to obtain a divorce in North Carolina, you can hire an attorney to handle the process for you or you can file on your own. If you opt to represent yourself in divorce proceedings, you will be known as a "pro se" litigant. You file divorce papers in the North Carolina county where you reside. Because specific rules for filing can vary from county to county, North Carolina State University suggests that you contact your county's clerk of court before you proceed with a divorce action.

How to Serve a Divorce Summons in California

In California, after you file a Petition (form FL-100) for divorce, you provide your spouse a copy of the Petition and a Summons to appear in court. The Summons (form FL-110) notifies your spouse that you have filed for divorce, and provides 30 calendar days for your spouse to respond. The process of service requires a third-party – not a party to the divorce – to deliver the Summons and Petition to your spouse. California Courts require you to file a Proof of Service of Summons (form FL-115) with the court clerk's office, in order for the divorce to proceed.

LLCs, Corporations, Patents, Attorney Help

Related articles

Can You Include Returned Checks in Chapter 7?

When a debtor files for Chapter 7 bankruptcy, he must inform the court of all of his liabilities, including returned ...

Bankruptcy & Frozen Bank Accounts

Bankruptcy can offer a financial clean slate to debtors, but many debtors are concerned about what will happen to their ...

What Is Open Bankruptcy?

A bankruptcy case that is currently underway is sometimes referred to as an open bankruptcy. In other words, an open ...

How to File a Response to a Summons if I Have an S-Corporation

An S corporation responds to a summons in the same way as a regular corporation. A summons informs the corporation that ...

Browse by category