Legal Question in Credit and Debt Law in Virginia
garnishment of rent
I am renting from an active duty member of the USMC. My lease does not require me to pay homeowner association fees. The homeowner association has served me with papers to garnish the rent I pay. Is that legal?
2 Answers from Attorneys
Re: garnishment of rent
Your question requires further clarification, i.e, whether you've been served with a document entitled "Summons in Garnishment" from the local general district court identifying you as the garnishee(the holder of funds belonging to the judgment debtor landlord)and your landlord as the debtor, and, if so, then, yes, you must indeed remit your rent to the association rather than to your landlord(the unit owner)in order to comply with your obligations as the garnishee named in the summons.
Unfortunately, exactly what the situation is which you've described with respect to this garnishment is not clear from your question, but if you're still confused or have other questions, then you should bring all of the paperwork associated with the matter to a local attorney to review and to advise you further.
Re: garnishment of rent
Only if the papers are served upon the unit owner and the funds for the unpaid association fees taken from him rather than you.(You may wish to contact the association to make your position quite clear on this matter. If they still insist on subjecting your funds as a renter to this garnishment, you should then arrange to consult an attorney in the area on the matter for further advice.)