Legal Question in Landlord & Tenant Law in Virginia

Wage Assignment or Garnishment

I have a tennant who is terminating his rent-to-own agreement earlier than expected due to not being able to afford the house. It has been 9 mo since he started the contract, has several months of being short on the rent and this month missing it as well as moving out without notifying me of the move until confronted. After agreeing verbally to terminate the lease, he agreed to garnish his wages until the past due is paid off. As well as damage to the house and we have agreed for him to pay the July rent as well to terminate the contract as well as loss of security deposit. Are we able to voluntarily garnish his wages without going to court in Virginia? Thank you for your time.


Asked on 6/19/07, 12:09 pm

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

Re: Wage Assignment or Garnishment

No, you are not; a garnishment is a judicial process which is governed under the jurisdiction of a court of law. And, therefore, as a matter of fact there is no such thing as a "voluntary garnishment" which is an oxymoron or contradiction in terms since a garnisment is always an involuntary charge against(usaully) the wages of a judgment debtor against whom a judgment has been entered by a court of proper of juridiction.

Your tenant may be able to execute a voluntary wage agreement with his employer for so much to be deducted from his paycheck to be sent to you. However, this would not amount to a "voluntary garnishment" as you've proposed.

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Answered on 6/19/07, 4:10 pm


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