Legal Question in Credit and Debt Law in Virginia

Re: can you garnish someone's paycheck without a court order?

No, the creditor must first secure a judgment against you from a court of proper jurisdiction for the amount of your delinquent loan. If the creditor then wishes to enforce this judgment via a garnishment against your wages or by a levy against your bank account, they must first secure from the court what's called a Summons in Garnishment to be forwarded to your employer or bank as appropriate.

Re: can you garnish someone's paycheck without a court order?

I agree, but make sure that your loan agreement does not have a "confession of judgment" provision. This allows a very quick way for a lender to get a court judgment against you. You have 21 days to file an objection, or you lose forever.

Also, in Virginia, it can hurt you bad if they do not have your current address. In other states, it might help if they can't find you. But in Virginia, they can serve you officially by simply posting the lawsuit (or confession of judgment) on "your" door.... Or, actually, on the door of your last known address. Then you don't show up (because you don't know about the lawsuit) and you can lose by default (without ever knowing about it). Therefore, in Virginia you are actually safer if they have your current address. Then make sure you SHOW UP for any and all court dates, read CAREFULLY any deadlines, and DON'T MISS any deadlines.