Legal Question in Civil Litigation in Virginia

Claiming an exemption in a civil case

I live in the state of Viginia. I won a civil suit against someone for non-payment on a promissory note. The defendant was served but didn't appear in court and I couldn't get in touch with him for payment. I garnihed his wages. After the garnishment took affect, he left a message that i either try to work with him or he will make it so I won't see any of my money. I saved the message and tried to contact him again without success. I now have to return to court because he is claiming an exemption based on child support. I'm not sure if the child support is court ordered. Is there anyway to fight this exemption? and if he wins this exemption is there anyway to still collect my money at a later time?


Asked on 7/11/05, 10:57 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Claiming an exemption in a civil case

There is no exemption that I'm aware of from the payment of your judgment by means of a wage garnishment merely because the judgment debtor also has a child support order(or obligation). However, there is a limitation by law on the amount of his pay check which is subject to garnishment(25% of net I believe), and if his periodic pay check is already being garnished for child support, then it's possible that there may not be a sufficient amount left from the 25% garnishable amount to accommodate an additional deduction towards satisfying your claim.

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Answered on 7/11/05, 11:26 am


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