Select Page

Garnishment Q&A

Foreclosure - Virginia Beach, Richmond, Newport News.
Q: How long after I stop paying a bill will I be garnished?

A: It depends.  Generally, once you don’t pay a debt it is put through a collections cycle where the creditor tries to get you to voluntarily pay the debt under threat of legal action.  If you don’t pay the debt or reach an arrangement the next step is a lawsuit.  The process of getting a judgment in General District Court is any where from a month to four months depending on how much resistance you put up.  After the judgment is enter, a garnishment can be put into place in about three weeks at the quickest. 

Q: How can I stop a garnishment?

A: You only have three options to halt a garnishment. 1) Pay the debt. 2) Qualify for an exemption under state law. 3) File a bankruptcy..

Q: What happens when my wages are garnished?

A: Once your employer receive the garnishment order they will begin withholding 25% of your wages.  

Q:What happens to the money that is garnished?

A: Whether the money is withheld from a bank account or your wages due to a court judgment, the money is forwarded to the court of origin and held until the garnishment hearing date, also called the “return date”. There a certain actions you can take to recover the money.  Talk to one of our attorneys right away to insure it is not lost. 

Q: Can I recover the money from a state or federal tax garnishment?

A: Generally, no.  Unlike a civil judgment, the funds garnished by any municipality, state or federal entity are sent directly to that entity and are therefore generally difficult to recover.

REQUIRED BAR NOTICE: THESE TESTIMONIALS DO NOT GUARANTEE SIMILAR RESULTS.

 The Merna Law Group, Attorneys At Law, P.C. Didn’t have to worry about anything!5 Stars! “Just keep providing the type of service you do. You business values are based off reliability and service. Today’s Law Offices just don’t offer that kind of experience. Didn’t have to worry about anything!!! Just being able to go on with my normal life and know that all my issues are well taken care of is a relief in itself.” Reviewed by A.P. of Virginia Beach on Mar 4 . 
 The Merna Law Group, Attorneys At Law, P.C. …overall experience was outstanding!5 Stars! “My husband and I were very happy with The Merna Law Firm. They are well organized, time manageable, and friendly. I was even able to bring my children with me if I needed to. In court, they stayed right there beside us and answered all questions we had. Our overall experience was outstanding and I am glad we were represented by the Merna Law Group.” Reviewed by A.M. of Suffolk on Mar 5 . 
 The Merna Law Group, Attorneys At Law, P.C. …kind and friendly from the start!5 Stars! “Everyone there was kind and friendly from the start and helped us with everything in a timely manner. They were never rude no matter how much we called or asked questions.” Reviewed by B.P. of Virginia Beach on Feb 20 . 
 The Merna Law Group, Attorneys At Law, P.C. …very helpful and friendly!5 Stars! “Everyone at the office was very helpful and friendly. The attorney answered all of our questions and helped us through the entire process. He was also very helpful answering concerns that we had after the process was completed/over. Highly recommended!” Reviewed by M.E. of Virginia Beach on Mar 11 . 
 The Merna Law Group, Attorneys At Law, P.C. …debt free!5 Stars! “A friendly staff and outstanding attorney who helped me through a difficult time in my life. Thanks to everyone at the Merna Law Group who helped me move on to and new chapter in my life debt free!” Reviewed by M.F. of Norfolk on Mar 8 .