Stop Wage Garnishment in Virginia: Your Rights and Options

If your paycheck suddenly got smaller because a creditor is taking money, you’re facing wage garnishment. You’re likely frustrated and unsure what to do next.

Wage garnishment makes it hard to pay rent, buy food, and cover basic expenses. But you have options, even if the garnishment already started.

In Virginia, creditors usually need to sue you first. They must win a court judgment before touching your paycheck.

This guide explains who can garnish your wages, how much they can take, and how you can stop it.

What Does Wage Garnishment Mean?

Wage garnishment is a legal process. It allows creditors to take money directly from your paycheck to repay a debt.

Creditors usually must sue you and win a court judgment first. Once they have that judgment, money comes out of your paycheck automatically. Your employer sends it to the creditor until the debt is paid.

Creditors can’t take your entire paycheck. State and federal laws limit garnishment amounts. These limits ensure you have enough money left for basic living expenses.

Who Can Garnish Your Wages in Virginia?

Most wage garnishments in Virginia come from consumer debts. Credit cards, medical bills, car loans, and personal loans all fall into this category.

Lenders must file a lawsuit and win before they can garnish your wages.

But some creditors can skip the lawsuit:

• The IRS and Virginia Department of Taxation for unpaid taxes
• Federal and state agencies for fines and penalties
• Student loan servicers for defaulted federal loans
• Child support and alimony collectors with court orders

Even these creditors must follow legal limits on garnishment amounts.

Different rules apply to taxes, student loans, and child support. This guide focuses on consumer debts like credit cards and medical bills. That’s what most people face when they get a garnishment notice.

How the Wage Garnishment Process Works in Virginia

Wage garnishment doesn’t start the day you miss a payment. Creditors typically wait 90 to 180 days before taking legal action.

They’ll try collecting through phone calls and letters first. If that fails, they file a lawsuit.

Here’s the step-by-step process for consumer debts:

• The creditor sues you in court
• The court issues a judgment against you
• You attend a court hearing about your income
• You receive garnishment paperwork and exemption forms
• The creditor chooses the garnishment period length
• You may return to court every 180 days until the debt is paid

The Creditor Sues You in Court

Before garnishing your wages, creditors must sue you and win. Virginia handles these cases in district court or circuit court.

In circuit court, you have 21 days to file a written answer. In district court, you must appear on the date shown on the court papers.

Facing a lawsuit feels intimidating, especially without a lawyer. But responding makes a real difference. People who show up and defend themselves get better outcomes than those who ignore the lawsuit.

If you can’t afford a lawyer, our partner Solo can help you draft an answer. They’ve helped over 280,000 people respond to debt lawsuits with a 100% money-back guarantee.

If you don’t respond or appear, the court automatically rules for the creditor. This default judgment opens the door to wage garnishment.

The Court Issues a Judgment Against You

When the creditor wins, the court issues a judgment. This gives them legal permission to collect the debt.

The creditor becomes a judgment creditor. You become the judgment debtor. Your employer becomes the garnishee, legally required to send part of your paycheck to court.

You have 10 days in Virginia to file an appeal if you disagree. After that window closes, the creditor can start garnishment. Many creditors wait for your appeal period to pass before proceeding.

You Attend a Court Hearing to Answer Questions

Before garnishment begins, the creditor must confirm where you work. In Virginia, this happens at an interrogatory hearing.

You must appear in person to answer questions about your job and income. The court sets a specific date and time called the return date.

If you skip this hearing, the judge may issue an arrest warrant. You’re not being charged with a crime. The court simply needs to ensure people show up when legally required.

You Receive Paperwork About the Garnishment and Exemptions

Once the creditor knows your employer, the court sends official garnishment paperwork. A garnishment summons tells your employer to start withholding money from your paycheck.

You also receive an exemption claim form. This form lets you tell the court why some of your income should be protected.

Exemptions are legal protections that shield certain income types. Social Security and unemployment benefits often qualify.

Filing an exemption claim can reduce or stop garnishment, depending on your situation. If you claim exemptions, you’ll typically get a court hearing within seven days. You can explain your circumstances to the judge.

The Creditor Chooses the Garnishment Period Length

In Virginia, creditors choose how long each garnishment period lasts. They can request 30, 60, 90, or 180 days at a time.

During that period, your employer withholds money from your paycheck. The court holds these funds and only releases them to the creditor when the period ends.

Your employer can charge you a $10 administrative fee per garnishment summons. Shorter periods mean more frequent fees.

You May Return to Court Every 180 Days

After the first period ends, the creditor can keep renewing it. Virginia law allows creditors to bring you back to court once every 180 days.

These hearings check that you’re still working at the same job. The court wants to prevent you from switching employers to avoid garnishment.

If you’re still employed there, the court approves another garnishment period. This cycle continues until the judgment is fully paid or expires.

How Much Can Creditors Take From Your Paycheck in Virginia?

Virginia has strict limits on garnishment amounts. These limits are based on your disposable earnings.

Disposable earnings are what remains after legally required deductions. Payroll taxes and unemployment insurance come out first. Voluntary deductions like 401(k) contributions don’t reduce your disposable income.

Your employer can only withhold the lesser of these two amounts:

• 25% of your disposable weekly earnings
• The amount your disposable income exceeds 40 times the federal minimum wage

Garnishment Calculation Examples

Example 1: Your disposable income is $400 per week.

• 25% of $400 = $100
• 40 times $7.25 minimum wage = $290
• $400 minus $290 = $110
• Since $100 is less than $110, your garnishment would be $100

Example 2: Your disposable income is $300 per week.

• 25% of $300 = $75
• $300 minus $290 = $10
• Since $10 is less than $75, your garnishment would be $10

These rules come from federal law. Virginia follows the same formula for most consumer debts.

What Income Is Protected From Wage Garnishment in Virginia?

Certain income types are protected by law. Creditors can’t touch these payments to collect most consumer debts. These protections are called exemptions.

Income sources that are usually exempt include:

• Social Security and Supplemental Security Income (SSI)
• Unemployment compensation
• Child support payments you receive
• Certain government benefits

These protections often apply automatically. But if exempt income gets mixed with regular wages in your bank account, you may need to prove its source.

Extra Protection for Low-Income Households With Children

Virginia gives additional protection to families with dependent children. If your total household income is $1,750 or less per month, you qualify.

A portion of your wages is protected based on the number of children in your care:

• $34 per week for one child
• $52 per week for two children
• $66 per week for three or more children

Household income includes more than your paycheck. It may count disability benefits or income from another adult in your home.

To use this exemption, you must file a claim with the court after receiving your garnishment notice. The court won’t apply it automatically.

How To Stop a Wage Garnishment in Virginia

Once garnishment starts, it feels overwhelming. But many people find ways to stop or reduce it.

Virginia law gives you several options:

• Pay off the debt if possible
• File a claim of exemption to protect your income
• File bankruptcy to eliminate debts and get a fresh start

Pay Off the Debt

One way to stop garnishment is paying the judgment in full. Some people negotiate a lump-sum settlement with the creditor. This works especially well if you can pay most of the balance immediately.

Others let the garnishment continue until the full amount is collected. That can take a long time and strain your budget.

File a Claim of Exemption

If you qualify for exemptions, file a claim with the court. Protections for low-income families and certain income types may apply.

If approved, your garnishment may be reduced or stopped completely.

Consider Bankruptcy as a Fresh Start

For many people, filing bankruptcy is the most effective way to stop garnishment and eliminate debt.

When you file bankruptcy, the automatic stay goes into effect immediately. This legal protection stops most debt collection right away, including wage garnishments.

Bankruptcy can also erase most consumer debts. This applies even if a creditor already has a judgment against you.

Every case is different. But many people find that bankruptcy gives them the clean slate they need to rebuild. If you’re considering bankruptcy, you can speak with a bankruptcy attorney for free to explore your options.

You may also qualify for free or low-cost legal help from Virginia Legal Aid at VALegalAid.org.

Where To Get Help With Wage Garnishment in Virginia

If you’re facing wage garnishment and need guidance, these free and low-cost resources can help:

• Virginia Legal Aid: Legal aid organizations provide free help to low-income Virginians. They assist with wage garnishments, debt lawsuits, bankruptcy, and other civil legal issues. Check your eligibility at valegalaid.org.
• Virginia Judicial System Court Self-Help Website: Find official court forms and basic legal information at vacourts.gov/courts/courtinfo.
• LawHelp Interactive: This service provides guided forms and legal information for people handling legal matters on their own at lawhelpinteractive.org.
• SoloSuit: If you’ve been sued and can’t afford a lawyer, our partner Solo can help you create an answer letter. They’ve helped over 280,000 people respond to debt lawsuits with a 100% money-back guarantee.