A Virginia Motion to Quash Garnishment is a legal document that is used by an individual to challenge a creditor’s right to garnish wages or other property from the individual. This motion is generally filed in the circuit court of the county or city where the creditor is located. The goal of the motion is to vacate or set aside the garnishment order. There are two types of Virginia Motion to Quash Garnishments: i) a motion on the grounds of lack of service and ii) a motion on the grounds of exemption. A motion on the grounds of lack of service is used when the individual believes that the garnishment was not served properly. This motion must be filed within 30 days of the garnishment. A motion on the grounds of exemption is used when the individual believes that the garnishment is invalid due to an exemption. This motion must be filed within 10 days of the garnishment. For either type of motion, the individual must provide information such as identification, the name and address of the creditor, the amount of the garnishment, and the reason for filing the motion. The individual must also provide proof of service and any other relevant documents. The court will review the motion and hold a hearing to determine whether the garnishment should be quashed or not.
Virginia Motion to Quash Garnishment
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Summary: In Virginia, there is no deadline to file a response to a debt lawsuit. However, if you want to dispute the debt, you must show up in court on the date outlined in the Warrant In Debt. You can fill out a Grounds of Defense form and bring it with you in preparation for the court date.
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.
A garnishment is good for 30, 60, 90 or 180 days, at the choice of the judgment-creditor. The garnished money is under the control of the court until the garnishment period is over.
In Virginia, a creditor can garnish the lesser of 25% of your disposable earnings, or the amount by which your disposable earnings exceed 40 times the federal minimum hourly wage.
Return Date (Hearing Date) The return (court) date for the hearing should run no more than 90 days from the date of filing, except in the instance of a wage garnishment no more than 180 days beyond the filing date (see VA Code §8.01-514).
Limits on Wage Garnishment in Virginia Again, under Virginia law, garnishment limits are the lesser of: 25% of your disposable earnings, or. the amount by which your disposable earnings exceed 40 times the federal minimum hourly wage or the Virginia minimum hourly wage, whichever is greater.
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.
In Virginia, you have 21 days to file an answer, or respond to the lawsuit, if it's filed in a circuit court. If the suit is filed in a district court, you need to show up at the time on your summons prepared to prove your case. If you fail to answer or appear as directed, a default judgment may be entered against you.