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Virginia Order for Garnishment

Virginia Order for Garnishment

Name: Virginia Order for Garnishment
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.75 (253 reviews)

Category:

Virginia Court Samples - Garnishment - Sample Case 1

State:

Virginia

Control #:

VA-CC-008-03

Format:

Instant download

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Description

A04 Order for Garnishment

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FAQ

Notify your employee of the garnishment. Withhold part of their wages. Send the garnished money to the creditor. Provide your employee with information to protest the garnishment.

How will I be notified if an employee's wages need to be garnished? Employers are typically notified of a wage garnishment via a court order or IRS levy. They must comply with the garnishment request, and typically start withholding and remitting payment as soon as the order is received.

Generally, any creditor can garnish your wages.Specifically, most must file a lawsuit and obtain a money judgment and court order before garnishing your wages. However, not all creditors need a court order. It depends on the type of debt.

Employees cannot be fired because their wages are garnished. Federal law protects you from being fired simply because your wages are being garnished for a single debt. However, if your wages are being garnished for two or more debts, your employer can fire you if it decides to do so.

A creditor starts the garnishment process by serving a legal documentcalled a garnishment summonson the third party (called the garnishee) who the creditor believes to have money or property belonging to the debtor.

The employer is also required to return a statutory response form within 7 days of receiving the writ of garnishment. This form is usually sent to the employer with the garnishment order. With very few exceptions, the employer is required to complete the form indicating that they will pay the garnishment.

A garnishee order is a common form of enforcing a judgment debt against a creditor to recover money. Put simply, the court directs a third party that owes money to the judgement debtor to instead pay the judgment creditor. The third party is called a 'garnishee'.

Wage garnishment happens when a court orders that your employer withhold a specific portion of your paycheck and send it directly to the creditor or person to whom you owe money, until your debt is resolved.Your earnings will be garnished until the debt is paid off or otherwise resolved.

Virginia Order for Garnishment

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FAQ

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