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At a minimum, your written objection to the garnishment should include the following information: the case number and case caption (ex: "XYZ Bank vs. John Doe") the date of your objection. your name and current contact information. the reasons (or "grounds") for your objection, and. your signature.
This writ is designed to help a plaintiff obtain sufficient money out of the assets held by the defendant to pay a money judgment in favor of the plaintiff and against the defendant at the option of the plaintiff.
Since a judgment is valid for at least 10 years (can be valid up to 40 years in Virginia), creditors may wait to collect. However, some creditors will immediately start using their rights. Creditors can collect via garnishment of paychecks, garnishment of bank accounts, a lien on property, etc.
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 ...
"However, if the judgment is void, it may be attacked in any court at any time. A void judgment is one that has been procured by fraud or entered by a court that lacked either subject matter or personal jurisdiction." Key Bank & Tr. v. Myers, 49 Va.
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.
If a person is deemed judgment proof, it likely means that they have no assets and no job. Creditors cannot seize the assets of someone who the court names judgment proof. Social security, disability, and unemployment benefits do not count as assets that can be taken by creditors.
A judgment-creditor may ask the court for these things to help collect a judgment. Summons to answer debtor interrogatories. Garnishment of your income. Levy (or attachment) to sell your personal property.