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  • Writer's pictureRobert Weed

The Garnishment Started Before the Court Date!?!

Updated: Mar 21, 2021

Do you see that court date in the upper right of your garnishment summons? That's NOT the start date of the garnishment. It's the stop date.

Did you get a copy of the garnishment summons? (Lots of people don't, although they are supposed to.) That court date-called the "return date"--that's the date your payroll office or bank is supposed to send in the money they are garnishing from you. When does the garnishment start? It starts now. It starts as soon as the garnishment summons gets to your payroll department or your bank. It stops on the return date.

How much will they take? Under Virginia law (Code of Virginia 34-29) they can only take 25% of your after-tax income. If your paycheck is really low--like very part time or mostly tips--they have to leave you with thirty times the federal minimum wage.

If they hit your bank account, they can take the whole thing. And they will keep taking everything that hits your bank account until that "return date."

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