Questions Answered by L. Ilaine Upton

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

1 Answer | Asked in Bankruptcy and Collections for Virginia on
Answered on May 16, 2018
L. Ilaine Upton's answer
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 judgment has been entered, and the appeal period has run, it's almost impossible to do anything about it unless there was bad service of process. Bankruptcy may be an option for you.

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

2 Answers | Asked in Bankruptcy for Virginia on
Answered on May 16, 2018
L. Ilaine Upton's answer
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 pay the filing fee, and pay the sheriff to serve them. You should also mail a copy to the address. Go for it! Good luck!

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

2 Answers | Asked in Civil Litigation and Collections for Virginia on
Answered on May 16, 2018
L. Ilaine Upton's answer
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. Bankruptcy may be a better option for you.

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