Sign Legal West Virginia Garnishment Forms For Free

If the summons contains sufficient or accurate information to enable the garnishee to reasonably identify the judgment debtor, the garnishee shall (i) answer to the summoning court and further state what the garnishee's records show as the last known address for the judgment debtor and any other information the ...

Obtaining a writ or order of garnishment in West Virginia requires going to court?it is a court-ordered remedy. However, it does not require a full trial; after all, the creditor has already gone to court, sued the debtor, and won, obtaining the judgment in its favor that garnishment enforces.

In most states, these are written questions, but in Virginia, you're required to appear in court and answer oral questions from the judge regarding your employment. Your employer is the garnishee or the person who will pay the wages they withhold from your paycheck to the creditor.

In order to garnish either a bank account or wages a judgment creditor must submit a ?Garnishment Summons? to the court requesting a garnishment order to be issued to either the bank or the employer of the judgment debtor. Judgment debtors are not require to receive notice of the garnishment prior to implementation.

A judgment-creditor may garnish the smaller of the following amounts. The amount by which gross wages minus amounts that must be withheld by law exceed $290.00 per week. 25% of gross wages minus amounts that must be withheld by law. Child support can't be garnished.

There are two ways to stop garnishment in Virginia. One way is by filing for bankruptcy, which will stop all garnishments and other collection efforts. The other way is by filing for an exemption, which will exempt you from garnishment but not bankruptcy.