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Understanding Garnishment State of Virginia

Date: Thu, 01/10/2008 - 08:12
Submitted by ezrunner24 on Thu, 01/10/2008 - 08:12
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I need help understanding my girlfriends garnishment. We are in state of VA she is to be garnished until approx 2700 is pulled from pay the papers state 50% of disposable income how do they calculate this. the hearing date is 12 may 2008. this stem from a chapter 13 from her marriage she was to pay her ex-husband as he paid the actual bankruptcy payment. He won a default judgement in july of last year and the papers were served december 14th 2007.


Hi! I do this for a living, but I'm confused about one thing, you may have to be more specific. This is a bk? I had thought that a bk was a consumer debt, which would only allow a garnishment of 25% of D.I. This is a federally mandated law...The only debts that can be garnished in excess of 25% are certain fed debts and at times child support. Please pm me if you need some help.


Submitted by finsfan13 on Sat, 01/12/2008 - 10:34

finsfan13

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Has she been garnished yet? I'm thinking that papers may just be an approximation, you may be on a 90-day-limit in Va, I'd have to look it up to know that...You'd be surprised, a lot of creditors don't know that they can only get 25% for a consumer debt, I've seen them ask for all kinds of amounts!! Regardless, if this IS a consumer debt, she WILL NOT be garnished more than 25%. Period. And no, it won't even happen by accident, because HR people are subject to a tremendous fine, and an additional one for the place of employment, for a screw-up like that!!

One more thing..There ARE things called "court ordered wage assignments", not to be confused with the revocable ones PDLS use! These are tricky and ugly, and hard to revoke. I have seen several of these in civil cases that weren't resolved, and in child support cases. Check and make sure that this is an actual garnishment. There is no cap on wage assignments.


Submitted by finsfan13 on Sat, 01/12/2008 - 10:40

finsfan13

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how does a garnishment work when it is owed to a credit card company that has been turned over to a law form? What percentage can they take from one's salary


Submitted by on Tue, 08/19/2008 - 11:31

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