Virginia HB 1100: Wage garnishments; treasurers' liens for unpaid taxes and charges.

Bill Text

2026 SESSION

INTRODUCED

26105187D

HOUSE BILL NO. 1100

Offered January 14, 2026

Prefiled January 14, 2026

A BILL to amend and reenact §§ 2.2-804, 8.01-512.3, 8.01-515, 34-29, and 58.1-3952 of the Code of Virginia, relating to wage garnishments; treasurers' liens for unpaid taxes and charges.

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Patrons—Hernandez, McClure, Anthony, Callsen, Cousins, Price and Tran

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Referred to Committee for Courts of Justice

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Be it enacted by the General Assembly of Virginia:

1. That §§ 2.2-804, 8.01-512.3, 8.01-515, 34-29, and 58.1-3952 of the Code of Virginia are amended and reenacted as follows:

§ 2.2-804. Recovery of certain improper payments to state officers and employees.

A. Any officer or employee of the Commonwealth who obtains any compensation or payment to which the officer or employee is not entitled shall be liable for repayment to the employer. Such recipient officer or employee shall not be liable for repayment if the recipient officer or employee proves by a preponderance of the evidence that the improper payment occurred through no fault of the recipient officer or employee and such officer or employee had no actual knowledge of the error and could not have reasonably detected the error.

B. Any officer or employee of the Commonwealth who authorizes any other officer or employee to obtain any compensation or payment to which the recipient officer or employee is not entitled, where such authorization is made with actual or constructive knowledge that the recipient officer or employee was not entitled to such compensation or payment, shall be liable for repayment to the employer.

C. When a change or error in records results in any officer or employee receiving any compensation or payment to which he is not entitled, upon discovery of the improper payment the employer shall take appropriate action to correct the error as soon as practicable and adjust future payments to the correct compensation or payment amount.

D. If the officer or employee leaves state service, liability is disputed, or recovery cannot otherwise be accomplished, the employer shall request the Attorney General to bring an action for restitution pursuant to this section in accordance with the Virginia Debt Collection Act (§ 2.2-4800 et seq.). Claims under this section may be compromised pursuant to and consistent with § 2.2-514.

E. If the officer or employee (i) does not dispute liability under subsection A or B, (ii) receives overpayments stemming from erroneous good faith under-withholdings for retirement, health insurance, or other benefit program enrollments, (iii) receives overpayments of less than $500 from erroneous good faith wage, salary, or expense reimbursements, or (iv) is determined to be liable by a court of competent jurisdiction, the employer shall be authorized to use payroll deductions to recover the erroneous payments made to the officer or employee. Payroll deductions made pursuant to this section shall be limited to 25 percent of disposable earnings as defined in subsection (d) E of § 34-29.

F. The provisions of this section shall apply to all officers and employees of the Commonwealth whether or not exempt from the provisions of Chapter 29 (§ 2.2-2900 et seq.).

G. The provisions of this section shall not apply to good faith disbursements made to beneficiaries of the Virginia Retirement System.

§ 8.01-512.3. Form of garnishment summons.

Any garnishment issued pursuant to § 8.01-511 shall be in the following form:

(a) Front side of summons:

GARNISHMENT SUMMONS

(Court Name)

(Name, address and telephone number of judgment creditor except that when the judgment creditor's attorney's name, address and telephone number appear on the summons, only the creditor's name shall be used.)

(Name, address and telephone number of judgment creditor's attorney)

(Name, street address and social security number of judgment debtor)

(Name and street address of garnishee)

______________________________ Hearing Date and Time

This is a garnishment against (check only one of the designations below):

 [ ] wages, salary, or other compensation.

 [ ] some other debt due or property of the judgment debtor.

 MAXIMUM PORTION OF DISPOSABLE EARNINGS SUBJECT TO GARNISHMENT

 STATEMENT

 [ ] Support

 Judgment Principal

 $________

 [ ] 50% [ ] 55% [ ] 60% [ ] 65%

 Credits

 $________

 (if not specified, then 50%)

 Interest

 $________

 [ ] state taxes, 100%

 Judgment Costs

 $________

 If none of the above is checked,

 Attorney's Fees

 $________

 then subsection A of § 34-29 (a) applies.

 Garnishment Costs

 $________

 TOTAL BALANCE DUE

 $________

 The garnishee shall rely on this amount.

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Date of Judgment

TO ANY AUTHORIZED OFFICER: You are hereby commanded to serve this summons on the judgment debtor and the garnishee.

TO THE GARNISHEE: You are hereby commanded to

(1) File a written answer with this court, or

(2) Deliver payment to this court, or

(3) A