Legal Question in Credit and Debt Law in Virginia

I have been laid off from my full time job for over 1 year and currently working part-time (approx. $350 gross/mon). My unemployment has expired and I had to make a one-time cash out my pension (approx $6,000) to live on. My checking account has been garinshed leaving me with $330 which is now less than that because of NSF being deducted. Is it legal for them to garnish all my cash in my checking account, leaving me with no monies to pay any of my monthly expenses (i.e. mortgage, car, food, utilities)?


Asked on 9/13/10, 4:12 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Yes, it's perfectly legal. You could use your "homestead" exemption to get it back, but that normally only makes sense if you file bankruptcy. You need to act quickly in any event.

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Answered on 9/18/10, 4:40 pm


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