Virginia Garnishment Suggestion is a legal process that allows creditors to collect debts from an individual's wages or bank accounts in the state of Virginia. This process is initiated when a creditor obtains a court order for garnishment from a Virginia court. There are two types of Virginia Garnishment Suggestions: wage garnishment and bank garnishment. Wage garnishment is the process of deducting a portion of an individual's wages to pay a creditor. Bank garnishment is the process of taking a portion of an individual's bank account funds to pay a creditor. In both cases, the creditor must obtain a court order in order to proceed with the garnishment.
Virginia Garnishment Suggestion
State:
Virginia
Control #:
VA-CC-1485-0
Format:
PDF
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Garnishment Suggestion
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FAQ
Your employer can't fire you the first time your wages are garnished. 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.
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.
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.
If you claim an exemption, you should (i) fill out the claim for exemption form and (ii) deliver or mail the form to the clerk's office of this court. You have a right to a hearing within seven business days from the date you file your claim with the court.
In Virginia, the judgment creditor can garnish the lesser of the following: 25% of your weekly disposable earnings, or. The amount of your weekly disposable income minus 40 times the federal minimum wage ($7.25/hour).
More info
I request the Clerk to summon the Suggested Garnishee to answer this suggestion. WARNING: Any judgment creditor who knowingly gives false information in a suggestion for Summons in.Garnishment shall be guilty of a Class 1 misdemeanor. Full address and phone contact for the creditors attorney must be provided on the suggestion form. WARNING: Any judgment creditor who knowingly gives false information in a suggestion for Summons in Garnishment shall be guilty of a Class 1 misdemeanor. Required Documents for Filing a Garnishment ; Suggestion Form CC-1485 (PDF) (Be sure to include original signature of filing party and date at bottom). TOTAL DUE ON JUDGMENT (total of lines (1), (2), (3), (4), and (5)). EMPLOYER: See reverse side for additional instructions. (d) If we do not complete a hearing within 60 days of an untimely request, we suspend any garnishment order until we have issued a decision. In other states, the employer is known as the garnishee.