square Garnishment Laws Q and A in Virginia - Merna Law
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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.


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