Stop Wage Garnishment in Virginia

Legal Expert, Paralegal
Dena Standley, BA

Dena Standley is a seasoned paralegal with more than 20 years of experience in legal research and writing, having received a certification as a Legal Assistant/Paralegal from Southern Technical College.

Edited by Hannah Locklear

Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

Summary: Virginia law protects consumers' rights and assists debtors in stopping wage garnishment. For example, the law prohibits creditors from garnishing more than 25% of a consumer’s wages, and some types of income are exempt from wage garnishment. Luckily, there are ways to avoid wage garnishment before it’s started and stop it once it has. SoloSettle can help you settle your debts before wage garnishment occurs.

Creditors in Virginia can use the established legal processes to get their money from debtors when other attempts at debt collection have failed. Creditors generally don’t resort to lawsuits as a first step because they are costly and often time-consuming. However, they can sue, and if they win, get their money back through wage garnishment.

If you do not respond to a debt lawsuit in Virginia with an Answer document, chances are you’ll lose the case automatically, giving your creditor or debt collector the right to garnish your paycheck and even access your bank account.

Once you receive the garnishment order, you will have several days to challenge it in court or negotiate with the creditor. This article will help you learn what to do in either of these options. We will discuss Virginia wage garnishment laws and look at the various ways you can stop wage garnishment or prevent it entirely.

Avoid wage garnishment through debt settlement.

Settle with SoloSettle

Make an Offer

Virginia wage garnishment laws can protect you

Virginia uses state and federal laws to govern wage garnishment. These laws are found in the Virginia Code Title 34, chapters 1 to 4, and Federal Code 15 U.S.C. Fl. Statute 1671-1673. The following is a summary of these laws.

Amount limitation

Virginia law (VA Code § 34-29) limits the wage amount that can be garnished to 25% of your disposable earnings or the amount by which your disposable income surpasses 40 times the federal minimum wage, whichever is less. To illustrate, let’s look at an example of how wage garnishment works in Virginia.

Example: Jason earns $1000 per week after deductions in Virginia. So, 25% of 1000 is $250, and 40 times the minimum wage in Virginia is $12.00/hr x 40, which is $480. The lesser of the two findings is $250. Hence, $250 is the maximum amount a creditor can garnish from his paycheck.

Exemptions

Virginia law exempts certain incomes from wage garnishment. Examples are social security benefits, disability benefits, and workers' compensation benefits. These earnings qualify for exemption because they are intended to provide basic support for individuals unable to work due to disability or other reasons.

Code of Virginia § 8.01-512.4. outlines the types of income that exempt from wage garnishment in Virginia.

Employer Responsibility

Virginia law requires employers to notify employees when and how their wages will be garnished and to provide them with information about their rights under state law. They are also prevented from discriminating against or discharging an employee for having their wages undergo garnishment.

Creditor’s Role

A creditor must obtain a garnishment order from the court and communicate the same to you in written form at least ten days before the garnishment begins. The notification should also include a section stating your right to challenge the order.

Next, let's look at ways you can challenge the garnishment order.

Object to the wage garnishment

If you are facing wage garnishment in Virginia, you have the right to object to the garnishment and protect your income from being taken by creditors. Reasons you can use to object to the order include:

Financial hardship: Wage garnishment can cause significant financial hardship, especially if you struggle to make ends meet. Objecting can help you receive a more manageable payment plan with the creditor or have the garnishment order dismissed.

Incorrect garnishment amount: If you believe the amount being garnished is incorrect or exceeds the legal limit, you can object to the garnishment and have it reduced to the legal maximum.

Invalid debt: If the debt underlying the garnishment is invalid or you do not believe you owe the debt, you can object to the garnishment, but you must produce evidence.

Incorrect court procedures: If you believe the creditor did not follow the proper procedures, you can object to the garnishment on procedural grounds.

After filing your objection, you may be called for a hearing to argue your case before a judge. Afterward, they will rule for or against your claim and stop, modify, or continue with the garnishment order.

Instead of going through the garnishment process with your other debts, why not offer to settle for less than you owe? Here’s a video explaining how to go about settling a debt on your own:

File a Claim of Exemption in Virginia

Filing a claim of exemption is telling the court that you agree you owe the debt, but the garnishment order goes against state and federal laws. To file a claim of exemption in Virginia, you must first determine which exemptions apply to your situation. For instance:

You are the primary income earner in your household
Your income comes from public assistance programs
Your income falls under benefits protected by the government
Your wages fall beneath the federal poverty line

After identifying the exemptions that apply to you, file the claim with the court that issued the garnishment order—within ten days of receiving notice. If the court approves your claim of exemption, it will issue an order that protects the exempt income from garnishment. However, if the court denies your claim, you can appeal the decision or seek other legal remedies, such as filing for bankruptcy.

For more information on how to file a claim of exemption from wage garnishment in Virginia, check out Code of Virginia § 8.01-512.4.

Avoid wage garnishment through debt settlement

Negotiating a debt settlement with the creditor is an option to explore if they are willing to stop the garnishment order for a new payment plan. Most creditors will only accept negotiations if you promise to pay the entire debt or a lump sum and then clear the remaining balance within a short period.

Negotiating entails sending a debt settlement letter with an offer that is inviting but not an amount you cannot manage to pay upfront. SoloSettle is a tool that helps you draft a convincing settlement letter with all the legal information needed.

File for bankruptcy (last resort)

Consider filing for bankruptcy after you have explored all the above options. Bankruptcy is like a reset button that helps you start all over again. It discharges most of your debts but appears on your credit report for ten years.

SoloSuit has helped thousands of debtors avoid filing for bankruptcy using our resourceful articles, YouTube Videos, and legal documents that allow consumers to respond to creditors and debt collectors at any stage of the collection process. Explore these options with us today.

What is Solo?

Solo makes it easy to resolve debt with debt collectors.

You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt. SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.

SoloSettle can help you contact your debt collector or creditor and negotiate the debt to settle for less, all online. It simplifies and streamlines the process to settling your debt.

No matter where you find yourself in the debt collection process, Solo is here to help you resolve your debt.

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)

How to Answer a Summons for debt collection in all 50 states

Here's a list of guides on how to respond to a debt collection lawsuit in each state:

The Ultimate 50 State Guide

Debt collector guides

Are you being contacted by a debt collector? We’re making guides on how to resolve debt with each one.

Arbitration

If the thought of going to court stresses you out, you’re not alone. Many Americans who are sued for credit card debt utilize a Motion to Compel Arbitration to push their case out of court and into arbitration.

Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.

Bankruptcy

Bankruptcy is a great way to legally resolve debt, but it's usually best to consider it as a last resort. Here are some bankruptcy guides to help you decide which debt resolution option is best for you.

Check your case status

Don’t have time to go to your local courthouse to check the status of your case? We’ve created state guides on how to check the status of your case throughout the US, complete with online search tools and court directories.

Credit

Debt has a big impact on your credit. Below is a list of guides on how to repair and improve your credit, even while managing major debt, along with other credit-related resources.

Debt collection FAQs

Find answers to some of our the most commonly-asked questions about debt collection below.

Debt collection documents and templates

If you're dealing with debt, these documents and templates will help you respond, protect your rights, negotiate, and resolve your debts.

Debt relief

We’ve created a specialized guide on how to find debt relief in all 50 states, complete with steps to take to find relief, state-specific resources, and more.

Debt settlement

Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created state guides on debt settlement. Find out how to settle in your state with a simple click and explore other debt settlement resources below.

Eviction

Facing an eviction? The following guides will help you navigate your situation with confidence.

Federal debt collection laws

Knowing your rights makes it easier to stand up for your rights. Below, we’ve compiled all our articles on federal debt collection laws that protect you from unfair practices.

Legal aid

Helping people find access to justice is at the heart of Solo's misison. If you're dealing with a legal debt issue, the following guides will help you through it.

Medical debt

Having a health challenge is stressful, but dealing with medical debt on top of it is overwhelming. Here are some resources on how to manage medical debt.

Personal finance

Learn how to manage your finances and overcome crushing debt. Check out our personal finance guides below.

State debt collection laws

Debt collection laws vary by state, so we have compiled a guide to each state’s debt collection laws to make it easier for you to stand up for your rights—no matter where you live.

Statute of limitations on debt

Like all debt collection laws, the statute of limitations on debt varies by state. So, we wrote guides on each state’s statutes and more.

Stop collection calls

Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.

Wage garnishment

Forgot to respond to your debt lawsuit? The judge may have ordered a default judgment against you, and with a default judgment, debt collectors can garnish your wages. Here are our guides on how to stop wage garnishment in your state, plus other wage garnishment resources.

The Debt Hotline

Hosted by Team Solo, The Debt Hotline breaks down debt and personal finance topics with help from attorneys, financial experts, and industry pros. We respond to real questions to help you navigate debt with knowledge and courage.

Other debt resources

It only takes 15 minutes.

And 50% of our customers' cases have been dismissed in the past.

"Finding yourself on the wrong side of the law unexpectedly is kinda scary. I started researching on YouTube and found SoloSuit's channel. The videos were so helpful, easy to understand and encouraging. When I reached out to SoloSuit they were on it. Very professional, impeccably prompt. Thanks for the service!" - Heather

Get Started