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Questions Answered by L. Ilaine Upton

1 Answer | Asked in Bankruptcy and Collections for Virginia on

Q: Can your check get garnished before the court date?

I got an email from my job saying that my check will be garnished. I never got the summons, phone calls, or letters they supposedly sent. I got proof that I never got the summons because supposedly thought I worIed at another location. My company emailed me a copy of the summons supposedly happened... Read more »

L. Ilaine Upton answered on May 16, 2018

The date on the garnishment summons is the "return date," which is the date that the creditor goes to court to collect the garnishment checks. Your pay will be garnished, typically 25% of your take home pay, until that date. In order to garnish you, there has to be a judgment somewhere. Once a... Read more »

2 Answers | Asked in Bankruptcy for Virginia on

Q: Someone has been renting our home and stopped paying rent. They owe us $3000. Can this be forgiven through bankruptcy?

They have moved out, but tell us they cannot pay the rent. However, when they wanted to stay in the house, they asked "If I can get you the money today, can we stay?" This makes me think they are able to pay us but just do not want to.

L. Ilaine Upton answered on May 16, 2018

It won't cost very much to file a Warrant in Debt in Virginia, since the debt is less than $5000, and neither of you can have a lawyer there. Make sure you read the instructions for the form carefully, and follow the rules exactly. You need to have the name and the current address. You need to... Read more »

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2 Answers | Asked in Civil Litigation and Collections for Virginia on

Q: how to write up a homestead deed for filing garnishment exemption of wages?

L. Ilaine Upton answered on May 16, 2018

You CAN file a homestead deed to exempt your wages in a garnishment, but that does not really solve the problem. You still owe the entire amount of the judgment, and the creditor can keep garnishing you until you've used up your homestead exemption, and then start collecting from your wages.... Read more »

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