Legal Question in Credit and Debt Law in Virginia
when filing a homestead deed should I use the amount that has been garnished already from my pay check or the total amount of the judgement
Asked on 7/08/10, 3:22 pm
2 Answers from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
What part (line #) of the homestead deed are you referring to?
Answered on 7/08/10, 9:15 pm
Daniel Press
Chung & Press, P.C.
It depends what you are trying to do. Using a homestead deed to stop a wage garnishment won't do much good unless you either settle the case (in which case, why waste the homestead deed) or you are filing bankruptcy (in which case what you need to include on the homestead deed will be dictated by bankruptcy considerations). Otherwise, the creditor will just keep garnishing. Because your homestead allowance is once/lifetime, you want to be very careful in how you use it. See a bankruptcy lawyer to discuss your specific situation.
Answered on 7/09/10, 8:06 am