Does Virginia allow wage garnishment?

In the state of Virginia, garnishment laws are typical of many other states in that they are stricter than federal garnishment laws. Virginia law does allow creditors to garnish a debtor’s wages for repayment of debts.

Will my wages get garnished?

Creditors can’t typically garnish your wages until they have obtained a court order. There are rare exceptions to the rule that will allow garnishment without a court order. Those are unpaid income taxes, child support and student loan debt.

What are the wage garnishment laws in Virginia?

Virginia Wage Garnishment Laws. Garnishment is one way that a creditor can seek payment from a debtor who is not voluntarily paying a monetary judgment (or court determination of an obligation to pay money).

Can a Social Security card be garnished in Virginia?

Virginia Garnishment Exemptions and Non-Exemptions Federal law provides exemption for Social Security from most garnishment: it can be garnished only for child support, alimony, and a few federal debts, such as for income taxes.

When do you not have to pay a wage garnishment?

Follows federal wage garnishment guidelines. Follows federal wage garnishment guidelines unless the debtor is a laborer or mechanic, in which case 60 days of wages are exempt, and after that, the first $25 earned per week is also exempt from wage garnishment.

Can you be garnished for child support in Virginia?

Child support. Under both federal and Virginia law, up to 50% of your disposable earnings can be garnished for child support if you are currently supporting a spouse or a child who isn’t the subject of the order. If you aren’t supporting a spouse or child, up to 60% of your earnings may be taken.

How long can wages be garnished in Virginia?

In Virginia, the most that can be garnished from your wages are: 25% of your disposable earnings, or. the amount by which your disposable earnings exceed 40 times the federal minimum hourly wage (currently $7.25/hour).

What percentage of your wages can be garnished in VA?

Virginia law limits the amount that a creditor can garnish (take) from your wages to repay a debt. Most creditors with a money judgment against you can take only 25% of your earnings. However, creditors can take more if you owe taxes or a support obligation, but only 15% on a defaulted student loan.

How much are they allowed to take from a wage garnishment?

Federal law places limits on how much judgment creditors can take from your paycheck. The amount that can be garnished is limited to 25% of your disposable earnings (what’s left after mandatory deductions) or the amount by which your weekly wages exceed 30 times the minimum wage, whichever is lower.

How to begin garnishment of wages?

Contact the defendant. The threat of wage garnishment often provides enough incentive for the defendant to pay the judgment.
Contact the clerk of court. The clerk of the court where your lawsuit was heard will be able to provide you with specifics on how to collect your judgment.
Get an application and affidavit for a writ of garnishment.