Wage garnishment is not something that someone should take lightly. Garnishments are legal actions that can be taken by creditors to collect on debts. Wage garnishment can take many different forms, but the most common way that it occurs is when a creditor takes a portion of a debtor’s paycheck to pay off a debt.
In Virginia, wage garnishment can be done by any creditor, including banks, credit unions, and debt collectors. However, the process is different depending on who is garnishing the wages. Let’s review how to stop garnishment in VA.
What is Wage Garnishment?
There are several parts to wage garnishment in Virginia. The first is that the creditor can seek a court order to garnish your wages. This order can be obtained from a local court or bankruptcy court. The order will state the amount of your wages that will be garnished and the date on which the garnishment will take place.
Who Can Garnish My Wages in Virginia?
Wage garnishment can be done by any creditor, including banks, credit unions, and debt collectors. However, the process is different depending on who is garnishing the wages.
Banks and credit unions can garnish your wages directly from your paycheck. This means that they will take a portion of your paycheck every week and send it to the creditor.
Debt collectors can also garnish your wages, but they do it through a third party, such as a collection agency. This means that your wages will be taken from your paycheck and then sent to the collection agency.
The Virginia Wage Garnishment Process
Wage garnishment happens in several stages and is an ongoing process until the garnishment is completely finished:
1. Creditor Sues
First, the creditor will file a lawsuit in the local court or bankruptcy court. This lawsuit will state the amount of your debt and the wage garnishment order.
2. Creditor Has a Court Judgment and You Have 10 Days to Appeal
If the creditor wins the lawsuit, the court will issue a judgment, which is a court decision that states the amount of the debt and the wage garnishment order. This judgment is also what you need to appeal.
3. You Appear in Court if the Creditor is Successful
If the creditor wins the appeal, you will need to appear in court to defend yourself. At this point, the creditor will likely present additional evidence that supports the wage garnishment order.
4. Creditor Serves Paperwork and You Can File for Exemptions
After you appear in court, the creditor will likely serve you with paperwork. This paperwork will include a notice that you have 10 days to file an appeal or a motion to dismiss the case.
5. Garnishment Timeframe is Decided by the Creditor
If you file an appeal or a motion to dismiss, the court will decide the garnishment timeframe. This timeframe is usually 180 days, but it can be longer or shorter depending on the circumstances.
6. Make a Court Appearance Every 180 Days Until the Garnishment is Finished
Once the garnishment timeframe is decided, you will need to make appearances in court every 180 days until the garnishment is finished. This means that you will need to go to court, present your case, and hope for the best.
7. Keep Records of Your Garnishment Proceedings
Keep a record of all of your proceedings in the case, including the court order, the judgment, and any appeals that you file. This will help you remember what happened and will help you if you need to file a lawsuit against the creditor in the future.
8. Get Legal Help if You Encounter Problems
If you encounter any problems with wage garnishment in Virginia, you should get legal help. A lawyer can help you understand the law and can help you fight the garnishment.
How Much of My Paycheck Can be Taken by Wage Garnishment?
When wage garnishment is ordered by a court, the creditor can take a portion of your paycheck every week. The amount of your paycheck that is taken will be based on the amount of the debt that is owed and the wage garnishment order.
How To Stop a Garnishment in VA
If you are being wage garnished in Virginia, there are several steps that you can take to try and stop the garnishment. The first step is to file an appeal or a motion to dismiss the case. This will help you argue that the wage garnishment order is not valid. An experienced lawyer will put together the appeal for you and give you the best chance of receiving a dismissal.
If the appeal or motion to dismiss is unsuccessful, you will need to make appearances in court every 180 days. This means that you will need to go to court, present your case, and hope for the best.
If you encounter problems with wage garnishment in VA, you should get legal help.
Get Help with Wage Garnishment in VA From the Law Office of Robert S. Brandt Don’t let wage garnishment in VA ruin your finances. If you are being wage garnished in Virginia, contact the law office of Robert S. Brandt for help. Our attorneys have years of experience fighting wage garnishment orders and can help you get the garnishment stopped. Contact us today to schedule a consultation and find out more about how we can help you with your wage garnishment case.