Virginia Garnishment Precise is a legal document used to initiate the process of garnishing wages in the state of Virginia. It is a request from a creditor to a court or other government body to garnish wages owed to a debtor. The document identifies the debtor, creditor, employer, amount owed, and the type of garnishment. There are two types of Virginia Garnishment Precise: 1) wage garnishment, which involves the deduction of wages from the debtor's paycheck, and 2) bank garnishment, which involves the seizure of funds directly from the debtor's bank account.
Virginia Garnishment Praecipe
State:
Virginia
Control #:
VA-CCR-G-40
Format:
PDF
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Garnishment Praecipe
How to fill out Virginia Garnishment Praecipe?
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FAQ
The attached Summons in Garnishment or Notice of Lien has been issued on request of a creditor who holds a judgment against you. The Summons may cause your property or wages to be held or taken to pay the judgment. The law provides that certain property and wages cannot be taken in garnishment.
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.
Government benefits can't be garnished. This includes Social Security, Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), Black Lung benefits, unemployment compensation, workers' compensation, and Veterans' benefits.
The written objection should include: the case number (a unique set of numbers or letters specific to your case) your name, address, and phone number. a detailed explanation of your reasons for challenging the garnishment. a request for a hearing if the court has not already set a hearing date.
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).