Culpeper, VA asked in Real Estate Law, Collections and Landlord - Tenant for Virginia

Q: Wage Garnishment

I had a tenant that I had to have evicted for nonpayment thru the court. The court put in a judgement for me and the amount that was asked and the tenant left the property. The tenant and I agreed to a payment plan after the fact and it was signed by both parties for a monthly amount she said she could make. However, the tenant is now again unwilling to make the first payment and is avoiding me. If I enter a garnishment summons against the tenant, do we both have to go back to court? Am I likely to get a judgement in my favor? If so, I read the most is a 180 day term? Would I not receive any money until after the term? I have her location of work. Any info on wage garnishment would be much appreciated.

1 Lawyer Answer
F. Paul Maloof
F. Paul Maloof
Answered
  • Landlord Tenant Lawyer
  • Alexandria, VA
  • Licensed in Virginia

A: If you file a garnishment summons, you and the employer are required to appear before the court. The clerk's office will give you a list of required documents that are required and the forms of service if process. If any money is withheld by the employer, it will be sent to the court and given to you on the return date.

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