How to Stop a Garnishment in Virginia

Wage garnishment or bank account garnishment is the most serious consequence of unpaid debts. Garnishment due to unpaid private debts can only occur with a court order. However, the federal government can begin garnishing wages and levying bank accounts shortly after taxes become delinquent. Stopping a garnishment in Virginia is quite challenging. You need to either arrange repayment with the creditor or prove that the garnishment is not warranted.

Instructions

1

Ask for a copy of the court order from the Virginia county court clerk where the garnishment was approved. To do this, you'll need to contact your creditor and ask where the suit was filed. You need to use this order to review the particulars involved with your particular garnishment.

2

Check the statute of limitations on debt collection for Virginia. Creditors cannot garnish wages if the statute of limitations has expired on a delinquent debt. Remember that the statute of limitations period begins when the debt first becomes delinquent, not when the account was opened. In Virginia, credit card delinquencies have a statute of limitations of three years, written contracts are five years and other domestic debts (mortgages) are 20 years.

3

Submit a Motion to Vacate if the statute of limitations has expired on your debt. You may need the help of an attorney to file this motion. A Motion to Vacate will reverse the garnishment order, thus stopping the collection from your wages or bank account.

4

Contact your creditor before garnishment begins. The creditor now has the legal right to garnish your wages or bank accounts. However, if you negotiate a settlement or a repayment agreement, the creditor may agree to halt garnishment proceedings.

5

Check your income for exemptions. These are wages that cannot, under any circumstances, be garnished. These include: Social Security or disability (SSI) payments, veteran's payments, military annuities, student assistance payments, and many other federal payments. If all of your income consists of exempt payments, you can halt the garnishment.