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Training For Virginia Garnishment Law Requirements

What Is A Garnishment?

A wage garnishment is any legal or equitable procedure through which some portion of a person's earnings is required to be withheld by an employer for the payment of a debt. The six basic types of garnishments are child support, federal, state, or local levies, creditor garnishments, and student loans, with the largest amount of garnishments being for child support.

About Virginia Garnishment Laws

Virginia permits wage garnishment for certain debts after a creditor obtains the required judgment or other legally enforceable order and follows the applicable legal procedures. Employers that receive a valid garnishment summons or other wage-withholding order must review the order, determine the employee's disposable earnings, calculate the proper withholding amount, complete the required employer response, and remit withheld funds as directed.

Virginia wage-garnishment procedures are governed by the Code of Virginia, Virginia court rules, and applicable federal law. Different requirements can apply to ordinary consumer debts, child support, federal student loans, taxes, and other obligations.

For ordinary consumer debts, Virginia generally follows the federal Consumer Credit Protection Act limitation, which generally permits withholding of up to 25% of disposable earnings, subject to applicable exemptions and legal protections.

At A Glance

• Ordinary consumer debt: Wage garnishment generally requires a judgment and a properly issued and served garnishment summons
• Maximum percentage: Generally the lesser of 25% of disposable earnings or the amount by which disposable earnings exceed 40 times the federal minimum hourly wage for the applicable pay period
• Low-wage protection: Virginia law incorporates federal earnings protections and provides exemptions that may protect certain wages and property
• Child support: Subject to separate Virginia and federal income-withholding rules and limits
• Employer answer deadline: Generally 20 days after service of the garnishment summons
• Administrative fee: Virginia generally permits an employer to retain a statutory fee for processing a garnishment
• Priority: Child support and certain other legally prioritized obligations may take precedence over ordinary judgment garnishments
• Ordinary garnishment form: Garnishment Summons and Garnishee's Answer
• Primary state authority: Virginia Code provisions governing garnishment and executions, including Title 8.01
• Federal limitations: Federal law applies to child support, federal tax levies, federal student loans, and other federally authorized wage garnishments

Virginia Wage Garnishment Laws

What Is Wage Garnishment in Virginia?

Wage garnishment is a legal process through which an employer is required to withhold part of an employee's earnings and send the money to the judgment creditor or other authorized recipient.

In Virginia, an ordinary wage garnishment generally begins when a creditor obtains a judgment and obtains and serves a garnishment summons on the employer. The employer becomes the garnishee and must comply with the applicable statutory and court requirements.

Can Creditors Garnish Wages in Virginia?

Yes. Virginia permits wage garnishment for qualifying debts after the creditor follows the required legal process.

An employer should not begin withholding wages based solely on an informal demand from a creditor or collection agency. Payroll should verify that the employer has received a valid court-issued garnishment summons or another legally effective income-withholding order.

Can a Judgment Creditor Garnish Wages in Virginia?

Yes. A judgment creditor may generally pursue wage garnishment to collect an unpaid judgment.

Once properly served, the employer must comply with the garnishment summons unless a valid objection, exemption, release, modification, or other court order changes the employer's obligations.

Can Credit Card Companies Garnish Wages in Virginia?

Yes. A credit card company, debt buyer, or other creditor that obtains a valid judgment may generally pursue wage garnishment through Virginia's collection procedures.

Can Medical Bills Be Garnished From Wages in Virginia?

Yes. An unpaid medical debt can potentially result in wage garnishment if the creditor obtains a judgment and follows Virginia's garnishment procedures.

Virginia Garnishment Limits

What Is the Maximum Wage Garnishment Percentage in Virginia?

For ordinary consumer debts, Virginia generally limits garnishment to the lesser of 25% of disposable earnings or the amount by which disposable earnings exceed 40 times the federal minimum hourly wage for the applicable pay period.

This means payroll should perform both calculations before determining the amount available for garnishment.

Other types of garnishment, including child support and certain federal obligations, can be subject to different limitations.

What Is Disposable Earnings for a Virginia Garnishment?

Disposable earnings generally means the amount of compensation remaining after deductions required by law, including federal, state, and local taxes and Social Security and Medicare taxes.

Voluntary deductions generally are not treated the same way as legally required deductions when determining disposable earnings for purposes of the federal garnishment limitation.

What Is the Virginia Low-Wage Garnishment Protection?

For ordinary consumer debt, the federal Consumer Credit Protection Act protects a portion of lower earnings from garnishment. The protected amount is based on the federal minimum wage and the employee's pay period.

Virginia law also provides exemptions from execution and garnishment in certain circumstances. Payroll should review the applicable exemption information and any court order before determining the final withholding amount.

What Is the Child Support Garnishment Limit in Virginia?

Child-support income withholding is governed by separate Virginia and federal requirements. The applicable maximum generally follows the federal Consumer Credit Protection Act and the specific income-withholding order.

Depending on the employee's circumstances and whether the support obligation is more than 12 weeks delinquent, federal law generally permits withholding of up to 50%, 55%, 60%, or 65% of disposable earnings.

Payroll should follow the specific income-withholding order and applicable federal requirements rather than automatically applying the ordinary consumer-debt limitation.

What Is the Federal Student Loan Garnishment Limit in Virginia?

Federal law permits administrative wage garnishment for qualifying federal student-loan debt. The general federal limit is up to 15% of disposable pay, subject to applicable federal restrictions.

Virginia employers receiving a federal student-loan administrative wage-garnishment order should follow the federal order and applicable federal procedures.

What Is the Federal Tax Levy Limit in Virginia?

Federal tax levies are governed by federal law and do not use the ordinary consumer-debt garnishment limitation.

When an employer receives an IRS levy, payroll should follow the levy instructions and applicable federal exemptions and calculations.

Virginia Employer Garnishment Requirements

What Should a Virginia Employer Do After Receiving a Garnishment?

An employer should promptly review the garnishment summons and verify the employee information, issuing court, case number, service date, withholding instructions, payment instructions, and employer response deadline.

Payroll should determine the employee's disposable earnings and calculate the amount that may legally be withheld.

Employers should also determine whether other garnishments, tax levies, child-support orders, or other legally prioritized withholding orders are already active.

When Must a Virginia Employer Respond to a Wage Garnishment?

For an ordinary Virginia garnishment, the employer generally must file or deliver the required garnishee answer within 20 days after service of the garnishment summons, subject to the specific summons and applicable court requirements.

Payroll should use the deadline stated in the actual garnishment documents and calendar it immediately because different types of withholding can have different response requirements.

When Does a Virginia Garnishment Begin?

A garnishment generally becomes effective when the required summons and accompanying documents are properly issued and served on the employer, subject to the timing requirements stated in the documents.

Payroll should carefully review the service date, effective date, and withholding instructions rather than assuming that withholding automatically begins with the next regular payroll cycle.

What Happens If an Employer Fails to Respond?

A garnishee that fails to properly answer a valid garnishment summons can face court proceedings and potential liability for amounts that should have been withheld.

Employers should therefore route garnishment documents promptly to the payroll, legal, human resources, or compliance department responsible for processing wage attachments.

When Must a Virginia Employer Remit Garnished Wages?

The employer should follow the payment instructions contained in the garnishment summons and applicable Virginia procedures.

Employers should maintain records of each withholding and payment until the garnishment is released, satisfied, or otherwise terminated.

Virginia Garnishment Forms

What Form Does a Virginia Employer Use?

Ordinary Virginia wage garnishments generally use a Garnishment Summons together with the required Garnishee's Answer.

The exact form and accompanying documents can depend on the type of garnishment and the issuing court. Child-support withholding uses separate income-withholding procedures, while federal student-loan garnishments and federal tax levies use federal documents.

What Information Should Employers Review on a Virginia Garnishment?

• Employee name
• Employee identifying information
• Case number
• Issuing court
• Judgment creditor
• Judgment debtor
• Date the garnishment was served
• Effective date
• Amount of the judgment
• Applicable withholding limitation
• Employee's disposable earnings
• Existing wage garnishments
• Child-support or tax withholding orders
• Employer response deadline
• Payment instructions
• Release or termination instructions

Virginia Garnishment Administrative Fees and Cost Recovery

Can a Virginia Employer Charge a Garnishment Processing Fee?

Yes. Virginia generally permits an employer to retain a statutory fee for processing certain wage garnishments.

For qualifying garnishments, Virginia generally permits the employer to retain a $10 fee from the employee's earnings for processing the garnishment, subject to applicable statutory requirements.

Payroll should verify that the particular garnishment qualifies for the fee and should account for the fee separately from the amount being remitted to the creditor.

Can an Employer Recover Garnishment Processing Costs?

Yes. The Virginia statutory employer fee provides a mechanism for recovering a portion of the administrative cost associated with processing a qualifying garnishment.

Payroll should verify the applicable statutory authority before deducting or retaining the fee and should ensure that the deduction does not violate applicable withholding limitations.

Can an Employer Charge a Fee for Child Support Withholding?

Child-support income withholding is governed by separate Virginia and federal requirements. Employers should review the applicable income-withholding order and Virginia rules before applying an administrative fee.

Virginia Garnishment Priority Rules

Which Garnishment Has Priority in Virginia?

Priority depends on the type of withholding and the applicable state and federal law.

Child-support income withholding generally receives priority over ordinary consumer-debt garnishments under federal and state requirements.

Federal tax levies and other federally authorized wage attachments are also subject to federal priority rules.

What Happens When an Employee Has Multiple Garnishments?

Employers should identify all active withholding orders before determining how much of the employee's earnings is available for each obligation.

Payroll should not simply process multiple garnishments in the order in which they arrive. Child support and other legally prioritized obligations may take precedence over ordinary judgment garnishments.

Virginia Garnishment Exemptions

Are Wages Protected From Garnishment in Virginia?

Yes. Virginia employees are protected by federal limits on ordinary wage garnishments and applicable state exemptions.

For ordinary consumer debt, federal law generally limits garnishment to 25% of disposable earnings and protects certain lower levels of earnings. Virginia law also provides exemptions that can affect the amount available for execution.

Can an Employee Contest a Virginia Wage Garnishment?

Yes. An employee may have grounds to object to a garnishment or assert an applicable exemption or defense.

Employers should not independently determine whether an employee's objection is legally sufficient. Payroll should follow the garnishment order and any subsequent court order modifying, suspending, or releasing the garnishment.

Virginia Garnishment Compliance Checklist

Payroll professionals can use the following checklist when processing a Virginia wage garnishment:

• Confirm that the garnishment summons was properly served
• Verify the employee named in the summons
• Identify the issuing court
• Review the judgment creditor and judgment debtor
• Determine the type of garnishment
• Review the date of service
• Calendar the applicable employer response deadline
• Calculate disposable earnings
• Calculate 25% of disposable earnings
• Calculate the amount exceeding 40 times the federal minimum wage for the applicable pay period
• Apply the lower amount when required for an ordinary garnishment
• Apply applicable federal and Virginia exemptions
• Check for existing wage garnishments and higher-priority withholding orders
• Determine whether child support or another federally protected withholding applies
• Complete the required Garnishee's Answer
• Begin withholding according to the garnishment summons
• Remit withheld wages according to the required payment instructions
• Apply the statutory employer processing fee only when authorized
• Maintain garnishment records
• Monitor for amended orders, releases, or satisfaction of the judgment

Common Garnishment Errors In Virginia To Avoid

Automatically Withholding 25% of Disposable Earnings

Virginia's ordinary garnishment calculation can require comparing 25% of disposable earnings with the amount by which disposable earnings exceed 40 times the federal minimum wage for the applicable pay period. Payroll should perform the required calculations rather than automatically withholding 25%.

Failing to Apply Low-Wage Protections

Federal law protects certain lower levels of disposable earnings from ordinary consumer-debt garnishment. Payroll should calculate the protected amount before determining the withholding.

Missing the Employer Answer Deadline

Virginia generally requires the garnishee to respond within 20 days after service of an ordinary garnishment summons. Payroll should calendar the deadline immediately.

Using the Ordinary Garnishment Formula for Child Support

Child-support withholding is subject to separate federal and Virginia requirements. Employers should follow the income-withholding order rather than automatically applying the ordinary consumer-debt calculation.

Failing to Apply Garnishment Priority Rules

Child support, tax levies, and other legally prioritized obligations can affect how multiple withholding orders are processed. Payroll should review all active orders before calculating available wages.

Charging an Incorrect Processing Fee

Virginia permits an employer processing fee for qualifying garnishments, but payroll should verify the applicable amount and requirements before retaining the fee.

Ignoring Existing Garnishments

Employers should check payroll records for existing garnishments, child-support orders, tax levies, and other withholding obligations before implementing a new order.

Failing to Remit Withheld Wages Correctly

Employers should follow the payment instructions contained in the garnishment documents and maintain documentation showing when and where each payment was sent.

Stopping a Garnishment Without Authorization

Payroll should continue withholding until the employer receives a legally effective release, termination, modification, or other instruction ending the garnishment.

Virginia Garnishment Compliance Tips for Employers

Virginia employers should establish a consistent process for handling wage garnishments. Because the employer response period can be relatively short, garnishment documents should be routed to payroll or the appropriate compliance department immediately.

Payroll should calculate disposable earnings carefully and perform the required Virginia and federal withholding calculations before determining the amount to deduct.

Employers should distinguish ordinary judgment garnishments from child-support income withholding, federal student-loan garnishments, and federal tax levies because each type of withholding can have different limits, forms, deadlines, priority rules, and payment procedures.

Payroll departments should maintain copies of the garnishment summons, Garnishee's Answer, withholding calculations, payment records, correspondence, amended orders, and releases.

Final Takeaway

Virginia permits wage garnishment for qualifying judgments, but employers must follow specific court procedures and withholding limitations.

For ordinary consumer debt, the general calculation involves comparing 25% of disposable earnings with the amount by which disposable earnings exceed 40 times the federal minimum hourly wage for the applicable pay period.

Employers should complete the required Garnishee's Answer within the applicable deadline, apply priority rules, calculate withholding correctly, and use the authorized employer processing fee only when permitted.

Child support, federal student loans, federal tax levies, and other specialized obligations can be subject to different rules. Employers should identify the type of withholding before calculating deductions or applying a processing fee.

A documented garnishment process can help Virginia employers meet response deadlines, apply the correct withholding limits, recognize priority orders, remit payments correctly, and avoid costly payroll errors.

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Virginia Garnishment FAQs

Can a Creditor Garnish Wages in Virginia?

Yes. A creditor can generally pursue wage garnishment after obtaining the required judgment and following Virginia's garnishment procedures.

What Is the Maximum Wage Garnishment in Virginia?

For ordinary consumer debt, the general limitation is the lesser of 25% of disposable earnings or the amount by which disposable earnings exceed 40 times the federal minimum hourly wage for the applicable pay period.

Can Credit Card Companies Garnish Wages in Virginia?

Yes. A creditor that obtains a valid judgment may generally pursue wage garnishment through Virginia's collection procedures.

Can Medical Bills Be Garnished From Wages in Virginia?

Yes. A medical creditor may potentially obtain a judgment and pursue wage garnishment if the applicable legal requirements are satisfied.

Can Child Support Be Garnished From Wages in Virginia?

Yes. Virginia permits income withholding for child support, subject to state and federal requirements.

Can Federal Student Loans Be Garnished in Virginia?

Yes. Federal law permits administrative wage garnishment for qualifying federal student-loan debt, generally up to 15% of disposable pay subject to federal requirements.

Can the IRS Garnish Wages in Virginia?

Yes. Federal tax levies can require Virginia employers to withhold wages under federal law.

What Is the Virginia Garnishment Form for Employers?

Ordinary wage garnishments generally use a Garnishment Summons together with the required Garnishee's Answer.

What Is the Virginia Employer Garnishment Answer Deadline?

For an ordinary garnishment, the employer generally must respond within 20 days after service of the garnishment summons, subject to the specific documents and applicable court requirements.

Can a Virginia Employer Charge a Garnishment Fee?

Yes. Virginia generally permits a statutory processing fee for qualifying wage garnishments. Payroll should verify the applicable amount and requirements before retaining the fee.

What Happens If an Employer Ignores a Virginia Garnishment Order?

An employer that fails to properly respond or withhold pursuant to a valid garnishment may face court action and potential liability. Garnishment documents should be reviewed promptly by the appropriate payroll or compliance personnel.

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