Legal Question in Credit and Debt Law in Virginia

Garnishment

Can a loan company garnishee your wages when you are paying (not the full amount) and they are taking it but now have submitted a garnishment for my wages.


Asked on 2/04/09, 11:17 am

2 Answers from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

Re: Garnishment

Basically, yes. IF they have a valid court judgment (not just because they say you owe money), they can attempt collectoin as quickly as possible. So they can garnish your wages and seek to have the judgment paid off as quickly as possible.

NOTE that they could also garnish your bank account, and that could disrupt your rent payments or mortgage, so you may wnat to make sure you have your money in cash so you are not evicted.

HOWEVER, if they entered into any kind of agreement for a payment plan, they judge will probably force them to stick with the plan.

If you simply started paying without any kind of agreement, they are not obligated to wait for the money.

But if they did or said anything to suggest they wree agreeing to a payment plan, then the judge will probably require them to stick with the plan.

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Answered on 2/04/09, 9:59 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Garnishment

Garnishments of wages are suppose to be limited in the Commonwealth to no more than 25% of an employee's net salary after all mandatory deductions. You should attempt to contact the company to determine why they have initiated this action against you and to see whether some other arrangement might be negotiated. If not, and this

company is determined to go ahead with the garnishment, you may wish to schedule a hearing in the general district court to contest the garnishment if the amounts being garnished exceed the permissible legal limits.

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Answered on 2/04/09, 5:36 pm


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