Legal Question in Credit and Debt Law in Virginia

Re: Processing Civil small claims judgments

You ask them under oath in court, via interrogatories. There is really no need to find out exactly how much is in the account and no way to pinpoint this precisely at the moment the garnishment takes effect. However, sometimes the bank will tell you if there are funds sufficient to cover the garnishment, which is really all you need to know.

Re: Processing Civil small claims judgments

Well, in the contet of a garnishment, it is the employer's responsibility to calculate how much to deduct for your garnishment. So they figure that out based on their wages. Their wages could change from week to week.

It is impossible to know how much is in their bank account prior to a garnishment on the bank account, because it is constantly changing. There could be $3000 today, with $3,200 of checks written against it, and by tomorrow the account is overdrawn. Since you don't know what checks are outstandind against the account, you cannot know how much you will get until you try it.