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
PREMIUM
Answered
  • 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.

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