Virginia Garnishments: A Guide to Understanding Garnishment Summons 

When creditors obtain a judgment against you in Virginia, garnishments can become a serious concern. They can target wages, bank accounts, or other assets, creating financial strain. Fortunately, there are multiple ways to address garnishments—both through bankruptcy and non-bankruptcy options.

If you are dealing with debts, especially if you have a creditor who has a judgment against you, it is important to understand how garnishments work in Virginia, what non-bankruptcy options are available, and how bankruptcy can stop garnishments and even recover funds.

What Is a Garnishment in Virginia?

A garnishment is a legal process that allows creditors to collect money directly from your wages, bank accounts, or other assets to satisfy a debt. Creditors must follow strict legal procedures, including obtaining a court judgment before starting a garnishment. A garnishment usually causes significant financial hardship; despite this, garnishment amounts are set by law. A judge has no jurisdiction to lower garnishment amounts, even if you can can show that you cannot live with the pending garnishment. As a result, receiving a garnishment summons in Virginia can lead to other financial issues and delinquencies on other debts. As a result, many people file bankruptcy to stop a garnishment. 

Virginia Garnishment Summons: How It Works

The garnishment process in Virginia follows these steps:

1. Judgment Obtained: The creditor sues you in court and obtains a judgment confirming the debt.
2. Garnishment Summons Filed: The creditor files a garnishment summons with the court, and it is served to the garnishee (your employer, bank, or other third party).
3. Withholding Begins: The garnishee withholds funds from your wages or bank accounts and sends them to the court.
4. Return Date: The return date is the court date when the creditor collects funds from the court.

Important Note About the Return Date: Many people mistakenly believe the return date is a hearing to start the garnishment. In reality, it’s the date by which the withheld funds are turned over to the creditor. If you take action, such as filing bankruptcy or using a homestead deed, before the return date, you may be able to stop the garnishment or recover the funds.

How Long Does a Garnishment Last in Virginia?

A garnishment typically lasts up to six months, but can end sooner if:

• The debt is paid in full.
• The garnishment is stopped (e.g., by filing bankruptcy or asserting exemptions).
• The creditor elects a shorter period of time.

If the debt is not fully satisfied, the creditor can file a new garnishment summons after one garnishment ends to continue the collection process.

Virginia Garnishment Rules: How Much Can Be Taken from Your Paycheck?

Creditors can garnish up to 25% of your disposable income (after-tax pay) or the amount exceeding minimum wage, whichever is less. As of January 2025, the Virginia minimum wage is $12.41 per hour. As a result there is a calculation that is suppose to be done by your employer to determine how much you can be garnished.

Weekly Paycheck Examples:

• If your after-tax pay is $496.40 or less: No garnishment is allowed.
• If your after-tax pay is between $496.40 and $661.87: Only the amount above $496.40 can be garnished.
• If your after-tax pay is $661.87 or more: Up to 25% of your income can be garnished.

Bi-Monthly (Twice a Month) Paycheck Examples:

• If your after-tax pay is $1,075.53 or less: No garnishment is allowed.
• If your after-tax pay is between $1,075.53 and $1,424.03: Only the amount above $1,073.53 can be garnished.
• If your after-tax pay is $1,434.03 or more: Up to 25% of your income can be garnished.

Government Debts: These limits do not apply to garnishments for government debts, such as IRS taxes or state tax obligations, which can take a larger portion of your income.

If your employer gets a garnishment order, the employer legally must respond property to the garnishment. Failure to respond to the garnishment order is violating a court order, and the employer can become legally responsible for the debt. As a result, your employer cannot just ignore any garnishment order it receives.

Virginia Garnishment Rules: How Much Can Be Taken from Your Bank Account?

For bank accounts, the full amount of your bank account can be garnished up to the amount owed (unless there are protected funds in the account, like Social Security, Veterans Benefits, Federal Civil Service Retirement, etc. While a bank is required to look to see if any funds are from Social Security and not freeze the funds, if the money has been moved around, there are multiple sources of funds, or it is other protected income that is not Social Security, there can be issues. If the bank receives a garnishment summons and is unsure about the source of the funds, the bank will freeze the account and send the money to the court and you can request that at judge review the garnished funds to determine if any of the funds should be exempt. To claim any exemption, you typically have to request a hearing and complete an exemption form.

Similarly, if the money in your accounts is owned jointly, you can request a hearing to allow a judge to determine if non-party’s money was frozen. Bank accounts owned jointly between spouses are presumed to be only 50/50. In Virginia, bank accounts owned jointly by non-spouses are deemed to be owned by the contributions to the account. For example, if your bank account is joint with your dad, but the only money in the account is your paychecks, in a review by a judge would likely determine the funds solely belonged to you.

Non-Bankruptcy Ways to Address Garnishments

If you’re facing a garnishment and bankruptcy isn’t the right option for you, here are other ways to stop or mitigate the impact:

1. Paying the Debt
   • If you can afford it, paying the judgment debt in full can stop the garnishment entirely. This may also save you money by avoiding ongoing interest or additional garnishment fees.
   • Contact the creditor or their attorney to request a payoff amount. Once the debt is satisfied, you should receive confirmation, and the garnishment will end.
2. Using the Virginia Homestead Deed
   • The Virginia Homestead Deed allows you to protect up to $5,000 in cash or other assets from garnishment (higher limits apply for individuals over 65 or disabled veterans). By filing a homestead deed, you can claim this exemption and potentially recover funds that have already been garnished.
   • Filing Requirements: The homestead deed must be filed in the land records of the jurisdiction where you live. This filing protects the specified amount from the garnishment.
   • Limitations: A homestead deed can only be used once every eight years. For example, if you protect $5,000 from a garnishment today, you cannot use the homestead deed to protect funds from another garnishment filed within the next eight years. Careful planning is essential when deciding whether to use this exemption.
3. Negotiating with the Creditor
   • In some cases, creditors may agree to settle the debt for less than the full amount. A lump sum payment or structured payment plan could stop the garnishment while allowing you to pay less overall.
4. Claiming Exemptions
   • Beyond the homestead deed, other exemptions may apply to your wages or bank accounts. For example, Social Security, retirement benefits, and public assistance are often protected from garnishment.

How Bankruptcy Can Stop Virginia Garnishments—and Sometimes Recover Funds

Bankruptcy provides a powerful tool for stopping garnishments and recovering garnished funds:

1. Automatic Stay: Filing for bankruptcy immediately halts garnishment activity, including wage and bank account garnishments, through a legal protection called the automatic stay.
2. Recovering Garnished Funds: If funds were garnished within 90 days before filing bankruptcy, and the garnished amount exceeds $600, those funds may be recoverable. For example, if $1,200 was garnished from your wages over the last three months, we may be able to recover that money as part of your bankruptcy case.
3. Debt Discharge: Bankruptcy can permanently eliminate the debt underlying the garnishment, preventing future collection efforts.

FAQs About Virginia Garnishments Virginia

1. Can I stop a garnishment without filing bankruptcy?

   • Yes. Options include paying the debt in full, filing a homestead deed, or negotiating with the creditor.

2. What happens if I ignore a garnishment summons?

   • Ignoring the summons allows the garnishment to proceed uncontested. Filing an objection or consulting with an attorney can help protect your rights.

3. Can I recover garnished funds if I file bankruptcy?

   • Yes, if the funds were garnished within 90 days of filing bankruptcy, we might be able to recover them.

4. Can I use a homestead deed to stop multiple garnishments?

   • No. A homestead deed can only be used once every eight years. If you use it to protect funds from one garnishment, it cannot be used again for future garnishments during that period.

How Ashley F. Morgan Law, PC Can Help

At Ashley F. Morgan Law, PC, we’ve helped countless clients stop garnishments, recover funds, and explore non-bankruptcy options like using the homestead deed or negotiating with creditors. Whether you’re looking for immediate relief or long-term solutions, we’re here to guide you.

Contact Us Today

If you’re facing garnishments or need help protecting your assets, contact Ashley F. Morgan Law, PC for a free consultation. We’ll help you evaluate your options and take control of your financial future.