Stopping Wage Garnishment in Virginia: Your Rights and Options

If you’ve stopped getting your full paycheck because a creditor is taking money out of it, you’re probably feeling frustrated and maybe unsure of what to do next. This process is called wage garnishment, and it can make it hard to pay for basic needs like rent, food, and gas.

In Virginia, creditors usually need to sue you and win a judgment in court before they can garnish your wages. But even if the garnishment has already started, you may still have options.

✨ This guide will explain:

• Who can garnish your wages in Virginia

• How the garnishment process works step by step

• How much money creditors can legally take from your paycheck

• What exemptions may protect some of your income

• Ways people stop or reduce garnishment, including bankruptcy

Let’s start with the basics: what wage garnishment actually means.

What Does Wage Garnishment Mean?

Wage garnishment is a legal process that allows a creditor or debt collector to take part of your paycheck to repay a debt. This usually happens after the creditor sues you in court and wins a court order called a judgment. Once the garnishment starts, money is taken directly from your paycheck and sent to the creditor until the debt is paid off.

But creditors can’t just take your whole paycheck. State and federal laws limit how much they can garnish. These limits are meant to make sure you still have money left over to cover your basic living expenses.

Who Can Garnish Your Wages in Virginia?

In Virginia, most wage garnishments come from consumer debts like credit cards, medical bills, car loans, or personal loans. These lenders usually need to file a lawsuit against you and win in court before they can start taking money from your paycheck.

But not every creditor/lender has to go through the court process to garnish your wages. Some government agencies and types of debt can skip that step, including:

• The IRS and Virginia Department of Taxation for unpaid taxes

• Federal and state agencies for collecting fines, penalties, or other government debts

• Student loan servicers for federal student loan defaults

• Child support and alimony collectors if a court has issued a support order

Even though these creditors don’t always need a court judgment, they still have to follow legal limits on how much they can take from your paycheck. 

‼️ The rules for unpaid taxes, student loans, and child support are different from the rules that apply to credit card bills, medical debt, and other personal loans. This guide focuses mainly on how wage garnishment works for consumer debts because that’s what most people are dealing with when they get a garnishment notice in Virginia.

How the Wage Garnishment Process Works in Virginia

Wage garnishment doesn’t begin right after you miss a payment. Creditors usually wait 90–180 days before taking further action. First, they’ll try to collect through calls and letters. If that doesn’t work, they may file a lawsuit to get a court order for wage garnishment.

For most consumer debts, creditors must go through a legal process before they can take money out of your paycheck. Here’s a general overview of the steps:

• The creditor sues you in court.

• The court issues a judgment against you.

• You attend a court hearing to answer questions about your income.

• You receive paperwork about the garnishment and any exemptions.

• The creditor chooses how long the garnishment will last.

• You may need to appear in court again every 180 days until the debt is paid.

Here’s a deeper dive into each step of this process.

1. The Creditor Sues You in Court

Before a creditor can garnish your wages, they usually need to sue you in court and win. In Virginia, this can happen in either district court or circuit court.

• If the case is in circuit court, you have 21 days to file a written response, called an answer. 

• If the case is in district court, you'll need to show up at the date and time listed on the court papers.

It might feel intimidating to face a lawsuit, especially if you don’t have a lawyer. But even just responding can make a big difference. People who show up and defend themselves often have better outcomes than those who don’t respond at all.

If you're worried about responding on your own, but you can't afford a lawyer, you can draft an answer letter using our partner Solo. They've helped over 234,000 people respond to debt lawsuits, and they offer a 100% money-back guarantee.

⚠️ If you don’t respond or show up, the court may automatically rule in favor of the creditor. This is called a default judgment, and it clears the way for wage garnishment to begin.

2. The Court Issues a Judgment Against You

If the creditor wins the case, either because you didn’t respond or because the judge ruled in their favor, the court will issue a judgment. This gives the creditor legal permission to collect on the debt. 

Once the court enters a judgment, the creditor becomes a judgment creditor, and the person who owes the debt is called the judgment debtor.

Your employer, known as the garnishee, is legally responsible for sending a portion of your paycheck to the court.

📅 In Virginia, you have 10 days to file an appeal if you disagree with the judgment. After that, the creditor can move forward with garnishment. In many cases, creditors wait until your 10-day appeal window has passed before starting the garnishment process, so it may not happen right away.

3. You Attend a Court Hearing to Answer Questions

Before the court allows wage garnishment to begin, the creditor needs to confirm where you work. In Virginia, this happens at a hearing where you’re asked to appear in person. This step is called an interrogatory hearing.

📌An interrogatory hearing is just a court meeting where you answer questions about your job and income.

The court will set a hearing date and time for you to appear in person and answer questions. This is also known as the return date in Virginia garnishment cases.

If you don’t attend the hearing, the judge may issue a warrant for your arrest. This doesn’t mean you’re being charged with a crime. It’s the court’s way of making sure people show up when legally required.

4. You Receive Paperwork About the Garnishment and Any Exemptions

Once the creditor knows where you work, the court sends out official paperwork to start the garnishment. You’ll receive a garnishment summons, which tells your employer to begin withholding money from your paycheck. 

You’ll also receive a document called an exemption claim form. This lets you tell the court why some of your income may be protected under garnishment laws. 

📝 An exemption is a legal protection that stops certain income from being garnished — like Social Security or unemployment benefits.

Filing a garnishment exemption claim can help reduce or stop the garnishment, depending on your situation.

If you believe some or all of your income should be protected, you can file an exemption claim with the court. This usually leads to a hearing within seven days, where you’ll have a chance to explain your situation.

5. The Creditor Chooses How Long the Garnishment Will Last

In Virginia, the creditor gets to choose how long each garnishment period lasts. They can ask the court to withhold money from your paycheck for 30, 60, 90, or 180 days at a time. During that period, your employer sends the withheld money to the court. The court holds onto it and only sends it to the creditor at the end of the garnishment term.

This waiting period affects how long it takes the creditor to get paid, so some may choose longer terms to avoid delays.

Your employer is allowed to charge you a $10 administrative fee for each garnishment summons. If the creditor requests shorter time frames, like 30 days, you might end up paying this fee more often.

6. You May Have to Go Back to Court Every 180 Days

After the first garnishment period ends, the creditor can keep renewing it until the debt is fully paid. Virginia law allows the creditor to bring you back to court once every 180 days to check in on your employment status. This is often done to make sure you're still working at the same job and haven’t switched employers to avoid the garnishment.

If you're still working at the same place, the court can approve another garnishment period. This cycle can continue until either the full judgment amount is paid off or the judgment expires.

How Much Can Creditors Take From Your Paycheck in Virginia?

In Virginia, there are strict limits on how much money can be taken from your paycheck. These limits are based on your disposable earnings, which is the amount you have left after legally required deductions like payroll taxes and unemployment insurance in each pay period.

📘 Disposable income is the money left in your paycheck after things like taxes are taken out. Voluntary deductions, like 401(k) contributions or union dues, don’t reduce your disposable income or the garnishment amount.

Your employer can only withhold the lesser of these two amounts:

• 25% of your disposable weekly earnings

• The amount by which your disposable income is more than 40 times the federal minimum wage

Here’s how that plays out with real numbers:

• Example 1: If your disposable income is $400 per week, 25% of that is $100.

  • 40 times the federal minimum wage ($7.25) is $290.

  • $400 - $290 = $110.

  • Since $100 is less than $110, your garnishment would be $100.

• Example 2: If your disposable income is $300 per week, 25% of that is $75.

  • $300 - $290 = $10.

  • Since $10 is less than $75, your garnishment would be $10.

These rules are based on federal law, and Virginia follows the same formula for most consumer debts.

What Income Is Protected From Wage Garnishment in Virginia?

Not all income can be garnished. Certain types of payments are protected by law and can’t be taken to pay back most consumer debts. These protections are called exemptions.

Some income sources that are usually exempt include:

• Social Security and Supplemental Security Income (SSI)

• Unemployment compensation

• Child support payments you receive

• Certain government benefits

These protections apply automatically in many cases. But if the income is mixed with non-exempt wages in your bank account, you may need to prove where the exempt income came from.

Extra Protection for Low-Income Households With Children

Virginia gives additional protection to families with dependent children if their total household income is $1,750 or less per month. If you qualify, a portion of your wages is protected from garnishment based on the number of children in your care.

Here’s how much is exempt each week:

• $34 per week for one child

• $52 per week for two children

• $66 per week for three or more children

💡Keep in mind that household income includes more than just your paycheck. It may also count other income sources, like disability benefits or support from another adult in the home. A list of the most common types of income can be found in state law.

To use this exemption, you usually need to file a claim with the court after getting the garnishment notice. The court won’t apply it automatically.

How To Stop a Wage Garnishment in Virginia

Once a garnishment starts, it can feel like there’s no way out. But many people do find ways to stop or reduce it. Under Virginia law, there are a few main options you can explore:

• Pay off the debt, if that’s possible for you.

• File a claim of exemption to protect your income.

• File bankruptcy to get rid of your debts and get a financial fresh start..

Let’s explore each of these more in depth.

Pay Off the Debt

One way to stop a garnishment is to pay off the judgment in full. Some people are able to negotiate a lump-sum settlement with the creditor, especially if they can pay most of the balance right away. 

Others let the garnishment continue until the full amount is collected, but that can take a long time and may make it harder to keep up with your other bills.

File a Claim of Exemption

If you qualify for a wage garnishment exemption — like the protections for low-income families or certain types of income — you can file a claim with the court. If approved, this may reduce or stop the garnishment.

Consider Bankruptcy as a Fresh Start

For some people, filing for bankruptcy is the most effective way to stop a garnishment and wipe out debt.

⚖️ When you file for bankruptcy, the automatic stay goes into effect. This is a legal rule that stops most debt collection right away, including wage garnishments.

Bankruptcy can also help erase most types of consumer debt. This is true even if a creditor has already gotten a judgment against you. Every case is different, but many people find that bankruptcy gives them the clean slate they need to rebuild.

If you’re thinking about bankruptcy, there are a couple of ways to get help:

• If your case is fairly straightforward, you may be able to use Upsolve’s free tool to file Chapter 7 without a lawyer.

• If your case is more complex, or if you’re considering Chapter 13, consider setting up a free consultation with a bankruptcy attorney to get legal advice based on your situation.

Where To Get Help With Wage Garnishment in Virginia

If you’re facing wage garnishment and aren’t sure what to do next, here are some free and low-cost resources that may be able to help.

• Virginia Legal Aid: Legal aid organizations provide free help to low-income Virginians dealing with wage garnishments, debt lawsuits, bankruptcy, and other non-criminal legal issues. You can check your eligibility and find local offices at valegalaid.org.

• Virginia Judicial System Court Self-Help Website: Find official court forms and basic legal information from the Virginia courts at vacourts.gov/courts/courtinfo.

• LawHelp Interactive provides guided forms and legal information for people handling legal matters on their own: lawhelpinteractive.org

• SoloSuit can help if you’ve been sued and need to respond but can’t afford a lawyer. SoloSuit can help you create an answer letter. They've helped over 234,000 people respond to debt lawsuits and offer a 100% money-back guarantee.

• The Upsolve Learning Center has easy-to-understand articles about wage garnishment, bankruptcy, and other debt relief options.