Most states have laws that provided that if a garnishee, personally summoned, shall fail to answer as required by law, the court shall enter a judgment against him for the amount of plaintiff's demand.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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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.
The creditor may be able to garnish your bank account for up to 90 days. They may be able to garnish your paycheck for up to 180 days. The creditor may file additional Garnishment actions until they collect all the money owed on the judgment.
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 ...
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.
You must get a court hearing on or before the return date to object to the garnishment. At the hearing, you have a chance to explain why the money can't be garnished. If the Judge agrees, the money is released to you.
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.
