(a) Generally. No attachment or execution shall be made on wages except as provided by
Title 5 Virgin Islands Code, chapter 44, and this Rule.
(b) Order for Garnishment. A judgment creditor, upon application and filing an affidavit
that contains a description of the judgment and its amount and states that execution has been
returned unsatisfied, and after giving mailed notice to the employer-garnishee and the judgment
debtor, may obtain an order for the garnishment of the wages of the judgment debtor.
(c) Motion to Vacate. An employer-garnishee or judgment debtor may move at any time
to vacate a lien and continuing levy created pursuant to Title 5, Virgin Islands Code, Chapter
44. Upon receiving written notice of any court proceeding attaching the levy or the judgment on
which it is based, the employer-garnishee shall make no further payments until receipt of an
order of the Court terminating the proceedings.
(d) Duties of Judgment Creditor. The judgment creditor shall:
(1) file with the Clerk of Court every three months after serving the levy upon an
employer-garnishee a receipt showing the amount received and the balance due under
the levy as of the date of filing, and furnish copies thereof to the employer-garnishee
and judgment debtor;
(2) file with the Clerk of Court written notice of the receipt of amounts from any other
source that are credited against the judgment and furnish copies thereof to the
employer-garnishee and judgment debtor.
(3) file a final receipt with the Court once the levy has been satisfied, and furnish a copy
thereof to the employer-garnishee and judgment debtor; and,
(4) move to vacate the levy within 20 days after such levy has been satisfied.
Case: 3:25-mc-00003-RAM-GAT Document #: 10-1 Filed: 01/30/26 Page 30 of 44
(e) Failure of Judgment Creditor to Comply. If the judgment creditor fails to file any of
the receipts prescribed by 5 V.I.C. § 524(a) or this Rule, any interested party may move the
Court to compel the defaulting judgment creditor to appear in court and make an accounting
forthwith.
(f) Discovery in Garnishment Proceedings. No discovery under Federal Rules of Civil
Procedure 26 to 37 shall be conducted in a proceeding pursuant to this Rule without first
obtaining an order of the Court, except that the following questions may be propounded to the
employer-garnishee upon written interrogatory:
(1) Were you, at the time of receiving this interrogatory, the employer of the defendant?
(2) State the amount paid the defendant as wages in the most recent pay period.
IX.
Special Proceedings
Rule 71A.1. Proceedings to Re-determine Deficiency in Income Tax
