Q: I got my bank account garnished but was never notified that any action was pending against. Do I have to be notified?
I never received a summons and the company I owe never told me they were taking this action.
A: For a garnishment under Virginia law, a creditor must go through a specific garnishment procedure after establishing his legal claim to the money. One part of this procedure requires the Clerk of the Court to sent notice, a summons, and certain forms to the person whose money is to be garnished. These are to be sent to the last known address of the person, as on file with the clerk. Failure to respond can lead to garnishment. If the address the clerk had on file was not your current address, it is possible that you did not receive notice. There may be ways, however, to have the order for garnishment modified.
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