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

Q: Garnishment Hearing

I’m a landlord and evicted my tenant for non payment of rent and received a judgement from the court. I then issued a garnishment summons to the tenant and her employer. I set the hearing for 3 months later and was told that during this timeframe the employer should be sending the garnishment to the court. The hearing is tomorrow and I am trying to understand if there is anything I need for or to do for this hearing? Will the court provide the funds at the hearing? What happens if the employer did not garnish the paychecks? Does the employer and tenant appear at the hearing? Thanks.

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

A: At a garnishment hearing, the court will hand over any checks received from the employer. If the employer does not provide any checks, you can ask for a Rule to Show Cause. The employer and/or the defendant do not have to appear at the hearing.

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