Culpeper, VA asked in Consumer Law, Bankruptcy and Collections for Virginia

Q: If a creditor is trying to garnish wages do I have any exemption rights if I am head of household or have dependents?

There is a garnishment that could take place and they could possible take the max 25% which would prevent me from taking care of my children and myself.....i was reading about head of household exemptions and did not know if VA recognized this and if so what would the qualifications be for this.

1 Lawyer Answer
Robert R Weed
Robert R Weed
  • Bankruptcy Lawyer
  • Annandale, VA
  • Licensed in Virginia

A: You have the right under Virginia Law, code of Virginian 34-4, to get back form a garnishment $5000 plus $500 for each dependent. But they will just turn around and garnish you again.

The only judge who cares whether you can take care of yourself and your children is the bankrutpcy judge. The bankrutpcy judge cares about that full time. So it seems to me you need to talk to a bankruptcy lawyer.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.