Legal Question in Credit and Debt Law in Virginia
Garnishment of wages
I came home from work a week ago and there was a summons of garnishment wedged in my door. This is pertaining to a judgement that was filed against me in January of this year. On the summons was a court date for July of this year along with a note saying ''This is a summons for garnishment of your wages. If you do not contest this garnishment, you do not have to appear in court.'' The next day at work, I was notified by the payroll manager that my wages were to be garnished in my next paycheck - which was the next day. My question is this: are they allowed to garnish my wages immediately? Don't I have until the court date given on the summons before they take action?
2 Answers from Attorneys
Re: Garnishment of wages
They take the garnished amount out immediately, through the return date. At that point, if you contest it successfully (unlikely), you will get the money back.
Re: Garnishment of wages
The copy of the order for the garnishment which was sent to your payroll manager most likely required that the withholding on your wages start
with the very next payroll check that was due you.
The Virginia garnishment statute allows the crditor or claimant to "shoot first", so to speak, and answer questions later, at the scheduled hearing---on the theory that any improper withholdings can always be refunded to the debtor by the claimant later on after the hearing.
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