Exhibit 4
1. Social Security benefits and Supplemental Security Income (SSI) (42 U.S.C. § 407).
DISTIL analysis
- Garnishment summons issued March 7, 2025 in Fairfax Circuit Court targeting HII Mission Technologies Corp.
- Total balance due of $1,444,543.11 based on original judgment of $1,572,500.00 from Richmond City Circuit Court
- Attorney fees of $610,346.17 included in garnishment amount
- Credits of $1,034,745.26 already applied to judgment
- Return date of May 30, 2025 set for garnishee response
Extracted text
9 pages · 20188 charactersFiled 08/04/25
Document 41-4 FAIRFAX CIRCUIT COURT GARNISHMENT SUMMONS
Clear
Virginia Code §§8.01-511, 512, 512.3 JUDGMENT CREDITOR:
Atlantic Wave Holdings, LLC and Secure Community, LLC
CL-
-
Address:
Chap Petersen & Associates, PLC
Phone:
JUDGMENT CREDITOR'S ATTORNEY:
J. Chapman Petersen, VSB 37225 / Federico J. Zablah, VSB 96031
Address:
Chap Petersen & Associates, PLC
Va. Bar #:
Phone:
Versus
JUDGMENT DEBTOR:
Cyberlux Corporation
Address:
C T Corporation System R/A, 701 S. Carson St., Ste. 200, Carson City, NV 89701
SSN:
EIN 912048978
Return Date: MAY 3 0 2025 at 9:00 a.m. This is a garnishment against (check only one) [ ] judgment debtor's wages, salary or other compensation ] some other debt due or property of the judgment debtor specifically Any monies owed to the judgment debtor :selected: [
GARNISHEE:
HII Mission Technologies Corp.
Address:
Serve: CT Corporation System, R/A
Review Date:
JUL 1 1 2025
Judgment Principal
1,572,500.00
Maximum Portion of Disposable Earnings Subject to Garnishment
Interest
$241,742.20
[ ]50% [ ] 55% [ :unselected: :unselected:
] 60% [ :unselected:
] 65 (If :unselected:
not specified, then
50%)
:unselected:
Judgment Costs
[ ] State Taxes, 100% :unselected:
DISTOFORJ.
CIVIL MAR6
Attorney's Fees
$610,346.17
If none of the above are checked, then
§34-29(a) applies.
Garnishment Costs
$54,700.00
FILED
Credits
($1,034,745.26)
[ ] SUPPORT :unselected:
A
INTAKE
Late Fees
FALLS
Total Balance Due
$ 1,444,543.11
10:40 The Garnishee shall rely on this amount.
Judgment Number:
Date of Judgment:
06/28/2023
Place of Judgment:
Richmond City Circuit Court
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:
OR (2) deliver payment to this court payable to "CLERK, CIRCUIT COURT," OR (3) appear before this court on the return date and time shown on this summons to answer the Suggestion for Summons in Garnishment of the judgment creditor that, by reason of the lien of writ of fieri facias, there is a liability as shown in the statement upon the garnishee.
As garnishee, you shall withhold from the judgment debtor any sums of money to which the judgment debtor is or may be entitled from you during the period between the date of service of this summons on you and the date for your appearance in court, subject to the following limitations:
Document &14cuTiled 08/04/25
"Maximum Portion of Disposable Earnings Subject to Garnishment" shall apply.
If a garnishment summons is served on an employer having one thousand or more employees, then money to which the judgment debtor is or may be entitled from his or her employer shall be considered those wages, salaries, commissions or other earnings which, following service on the garnishee- employer, are determined and are payable to the judgment debtor under the garnishee-employer's normal payroll procedure with a reasonable time allowance for making a timely return by mail to this court.
MAR 0 7 2025
Date of Issuance of Summon
MAR 0 7 2025
Date of Delivery of Writ of Fieri Facias To Sheriff or any authorized Officer if different from Date of Issuance of this Summons.
CHRISTOPHER J. FALCON, CLERK
By: Deputy Clerk
Creditor / Attorney Signature
Attorney Bar #
RETURNS: The following garnishee was served, according to law, as indicated below, unless not found.
HII Mission Technologies Corp.
GARNISHEE
:unselected: PERSONAL SERVICE :unselected: FEDERAL SERVICE*
Being unable to make personal service, a copy was delivered in the following manner: :unselected: Served on registered agent of the corporation. List name and title:
[] :unselected: Delivered to family member (not temporary sojourner or guest) age 16 or older at usual place of abode of party named above after giving information of its purport. List name, age of recipient, and relation of recipient to party named above.
[] [ ] :unselected: Posted on front door or such other door as appears to be the main entrance of usual place of abode, address listed above. (Other authorized recipient not found.) :unselected: [] Delivered to a person found in charge of usual place of business or employment during business hours and giving information of its purpose. :unselected: Served on the Secretary of the Commonwealth :unselected: Served on the Clerk of the State Corporation Commission, pursuant to § 8.01-513. :unselected: Not found :unselected: Copy mailed to judgment debtor after serving the garnishee on date of service unless a different date of mailing is shown.
DATE OF MAILING
SERVING OFFICER AND/OR CLERK
for GARNISHEE.
DATE OF SERVICE
The garnishee, when a federal agency, may be served either personally or by certified or registered mail, return receipt requested. [] :unselected: Certified mail
DATE OF SERVICE
RETURNS: The judgment debtor was served, according to law, as indicated below, unless not found, with a copy of both this summons and the § 8.01-512.4 form.
JUDGMENT DEBTOR Cyberlux Corporation
ADDRESS
C T Corporation System R/A,
[] :unselected: PERSONAL SERVICE
[] :unselected: Being unable to make personal service, a copy was delivered in the following manner: [] Delivered to family member (not temporary sojourner or guest) age 16 or older at usual place of abode of party named above after giving information of its purport. List name, age of recipient, and relation of recipient to party named above.
[] :unselected: Posted on front door or such other door as appears to be the main entrance of usual place of abode, address listed above. (Other authorized recipient not found.)
[] :unselected: Served on Secretary of the Commonwealth.
[] :unselected: Not found
SERVING OFFICER
for DEBTOR.
DATE OF SERVICE
Clear
Filed 08/04/25
The following statement is not the law but is an interpretation of the law which is intended to assist those who must respond to this garnishment. You may rely on this only for general guidance because the law itself is the final word. (Read the law, §34-29 of the Code of Virginia for a full explanation. A copy of §34-29 is available in the Clerk's Office. If you do not understand the law, call a lawyer for help.)
An employer may take as much as 25 percent of an employee's disposable earnings to satisfy this garnishment. But if any employee makes the minimum wage or less for his week's earnings, the employee will ordinarily get to keep 40 times the minimum hourly wage.
But an employer may withhold a different amount of money from that above if:
"Disposable earnings" means the money an employee makes "after taxes" and after other amounts required by law to be withheld are satisfied. Earnings can be salary, hourly wages, commissions, bonuses, or otherwise, whether paid directly to the employee or not.
If an employee tries to transfer, assign or in any way give his earnings to another person to avoid the garnishment, it will not be legal; earnings are still earnings.
Financial Institutions that receive an employee's paycheck by direct deposit do not have to determine what part of a person's earnings can be garnished.
§ 34-29. Maximum portion of disposable earnings subject to garnishment.
(a) Except as provided in subsections (b) and (b1), the maximum part of the aggregate disposable earnings of an individual for any workweek that is subjected to garnishment may not exceed the lesser of the following amounts:
In the case of earnings for any pay period other than a week, the State Commissioner of Labor and Industry shall by regulation prescribe a multiple of the federal or Virginia minimum hourly wage equivalent in effect to that set forth in this section.
The restrictions of subsection (a) do not apply in the case of:
(b) (1) Any order for the support of any person issued by a court of competent jurisdiction or in accordance with an administrative procedure that is established by state law, affords substantial due process, and is subject to judicial review.
(b1) The maximum part of the aggregate disposable earnings of an individual for any workweek that is subject to garnishment to enforce any order for the support of any person shall not exceed:
The 50 percent specified in clause (2) shall be 55 percent and the sixty percent specified in subsection (1) .shall be 65 percent if and to the extent that such earnings are subject to garnishment to enforce an order for support for a period that is more than 12 weeks prior to the beginning of such workweek.
(c) No court of the Commonwealth and no state agency or officer may make, execute, or enforce any order or process in violation of this section.
The exemptions allowed herein shall be granted to any person so entitled without any further proceedings. For the purposes of this section:
(d)
(e) Every assignment, sale, transfer, pledge or mortgage of the wages or salary of an individual that is exempted by this section, to the extent of the exemption provided by this section, shall be void and unenforceable by any process of law.
(f) No employer may discharge any employee by reason of the fact that his earnings have been subjected to garnishment for any one indebtedness.
(g) A depository wherein earnings have been deposited on behalf of and traceable to an individual shall not be required to determine the portion of such earnings that are subject to garnishment.
The attached Summons in Garnishment or Notice of Lien has been issued on request of a creditor who holds a judgment against you. The Summons may cause your property or wages to be held or taken to pay the judgment.
The law provides that certain property and wages cannot be taken in garnishment. Such property is said to be exempted. A summary of some of the major exemptions is set forth in the request for hearing form. There is no exemption solely because you are having difficulty paying your debts.
If you claim an exemption, you should (i) fill out the claim for exemption form and (ii) deliver or mail the form to the clerk's office of this court.
You have a right to a hearing within seven business days from the date you file your claim with the court. If the creditor is asking that your wages be withheld, the method of computing the amount of wages that are exempt from garnishment by law is indicated on the Summons in Garnishment attached. You do not need to file a claim for exemption to receive this exemption, but if you believe the wrong amount is being withheld, you may file a claim for exemption.
On the day of the hearing, you should come to court ready to explain why your property is exempted, and you should bring any documents that may help you prove your case. If you do not come to court at the designated time and prove that your property is exempt, you may lose some of your rights.
If you do not claim an exemption and do not otherwise contest the garnishment, you are not required to appear in court on the return date on the Garnishment Summons.
It may be helpful for you to seek the advice of an attorney in this matter.
THE REQUEST FOR HEARING FORM IS PRINTED ON THE REVERSE OF THIS FORM.
REQUEST FOR HEARING - GARNISHMENT/LIEN EXEMPTION CLAIM Commonwealth of Virginia VA. CODE § 8.01-512.4
Case No.
Fairfax County Circuit Court
COURT NAME
Atlantic Wave Holdings, LLC and Secure Community, LLC V.
Cyberlux Corporation
JUDGMENT DEBTOR
JUDGMENT CREDITOR
and HII Mission Technologies Corp.
GARNISHEE
I claim that the exemption(s) from garnishment or lien that are checked below apply in this case:
CLE 2025 MAR -6 A 10: 41
PAX. VA UIT COURT
ER J. FALCON
CIVIL INTAKE FILED
Exemptions listed under 1 through 6 above may not be applicable in child support and alimony cases (42 U.S.C. § 659).
I request a court hearing to decide the validity of my claim. Notice of hearing should be given to me at:
ADDRESS
TELEPHONE NUMBER
The statements made in this request are true to the best of my knowledge and belief.
DATE
FAIRFAX CIRCUIT COURT 4110 Chain Bridge Road Fairfax, VA 22030
INSTRUCTIONS TO GARNISHEES
Payment must be payable to "Clerk, Fairfax Circuit Court."
COMMONWEALTH OF VIRGINIA CIRCUIT COURT OF FAIRFAX COUNTY WRIT OF FIERI FACIAS
JUDGMENT NO 663616
GARNISHMENT LAW NO CL20250003413
CASE FILE NO CL20220003862 TO ANY AUTHORIZED OFFICER WE COMMAND YOU THAT OUT OF THE GOODS AND CHATTELS OF *** CYBERLUX CORPORATION, ET AL *** BE MADE THE SUM OF
AMOUNT OF 1,572,500.00 PLUS INTEREST AT THE RATE OF 12% PER ANNUM FROM 06/28/23, COSTS 351.00, ATTY FEES 177,126.19 PLUS SANCTIONS OF 3,895.00 AND 6,842.50 WHICH ATLANTIC WAVE HOLDINGS LLC LATE BEFORE THE RICHMOND CITY CIRCUIT COURT RECOVERED ON 06/28/2023 AGAINST
*** CYBERLUX CORPORATION, ET AL *** AS APPEARS TO US OF RECORD.
YOU ARE FURTHER COMMANDED TO MAKE YOUR RETURN THEREON TO THE CIRCUIT COURT OF FAIRFAX COUNTY, VIRGINIA AT ITS COURT HOUSE ON 06/05/2025 NEXT RENDERED UNTO SAID ATLANTIC WAVE HOLDINGS LLC OF THE DEBT AND COSTS OF $47.50. AND NOTIFY THE PERSON ENTITLED TO RECEIVE SUCH MONEY, IF SUCH PERSON IS KNOWN AND IF ANY MONEY IS RECEIVED AS REQUIRED BY LAW.
GIVEN UNDER MY HAND THIS 7TH DAY OF MARCH, 2025.
CHRISTOPHER J. FALCON, CLERK
BY:
DEPUTY CLERK
Original source file
- File
- ip-hii-edva-00483-doc-0041-exhibit-4.pdf
- Source UID
- source:8a4c6468633e60bd5194c2193e52fbda6588063c9e79ecc7e4237e825495b81f
- Full SHA-256
- 8a4c6468633e60bd5194c2193e52fbda6588063c9e79ecc7e4237e825495b81f