West Virginia Sample Letter for Writ of Garnishment
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How to fill out Sample Letter For Writ Of Garnishment?
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FAQ
A. No more than 25% of disposable earnings in any pay period may be garnished to satisfy an ordinary debt.
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.
Go to the Magistrate Clerk's office in the county where your problem is located and ask for a Civil Complaint. You can also find the Civil Complaint online. Fill in your name and address. Then fill in the defendant's name and address.
In the West Virginia Code, wage garnishment is limited to the lesser of: 20% of your disposable earnings for a week, or. The amount your weekly wages exceed 50 times the federal minimum wage. This is currently $7.25, so 50 times that is $362.50.
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.
Five days' notice is required to the opposing party and the court. Motions may be typed by either party, may be filed on the General Notice and Motion Form or may be filed on one of the appropriate forms provided by the Supreme Court of Virginia (located here).
Justices JusticeBornChief JusticeTim ArmsteadFebruary 26, 19652020John A. HutchisonJuly 17, 19502022William R. WootonSeptember 20, 1944?C. Haley BunnSeptember 27, 1985?1 more row
Ing to WV Code §46A-2-130, the maximum amount a creditor can take through wage garnishment is 20% of your weekly disposable earnings or an amount that surpasses fifty times the federal minimum hourly rate ($7.25/hr).
