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Judgement/Garnishment in VA... So confused


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I recently received both a Garnishment of Wages summons this month, as well as notice from my employer of the garnishment. 

   a) the Summons was served to an old address (my parents house) in another county

   B) I was never served for the original judgement hearing.

 

I found out where the original judgement venue was, and informed the clerk I was not served/notified. 

  1) Clerk stated that a summons was sent to my parents house in 2008 (I haven't lived there since 2006). She stated that i could file a Motion to Rehear on the grounds that i can prove that i resided  at a different address (which I can)

 

My question is...Will this stop the garnishment until the hearing? (if my motion gets approved)

 

 

 

Thanks in advance..

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I am not from your state . I would check the VA rules of procedure or go to a local law library or college library and ask for help. And I would do it fast. See  what you need to file . Is there anyone on here from your state.??

You can go to the forum part and click on post judgement forum. Good luck

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Immediately file to stop the garnishment and get the judgment vacated due to improper service.  What the creditor did was illegal and you can sue them for FCDPA violations.  Immediately find a consumer law attorney who will likely take this on contingency to pursue it.

 

If this is not processed before the garnishing starts the money is not gone.  Typically what happens is they have a judgment for $2000 and an order to garnish 25% of your gross pay.  Lets say that equates to $150 per payday.  They garnish that amount and it is held by the courts until they have enough to satisfy the judgment. There is a waiting period of 30-60 days depending on state law then the funds are released to the creditor.  

 

So even if they get a percentage of a paycheck or two if you get the judgment set aside the courts would return the money to your employer who would pay you on the next pay day.

 

DO NOT delay get to the court and get copies ASAP.

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Good Grief I almost forgot one more powerful weapon you have in VA.  If you are certain you won't need it for other larger debts, VA allows each resident a $5,000 lifetime homestead exemption.  So another option is to let them garnish all of it and right before the last paycheck is garnished you head to the court with a homestead exemption form for the amount of the judgement/garnishment exempting it from seizure.  (I did this with a cc judgment in VA) 

 

Once you file the homestead exemption the court returns the money to your employer who then gives it back to you.  The creditor cannot regarnish again because you exempted that debt!

 

So if your judgment is for $1800 it would leave you with $3200 lifetime homestead exemption left for other debts if needed.  Keep this in mind if a motion to vacate doesn't work.

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Thank you so much for the replies. 

 

I tried looking up the homestead exemption but it looks like it does not currently apply to me. (living with Inlaws while in College). THe only things i have in my name is a car which is paid and in both mine and my husbands name, So H.E. wouldnt work for me would it?

 

I got the garnishment summons 7/18 and the first bit is to be taken out 8/1....

 

Forgive my ignorance, but with so much info out there and on this site. I have no clue where to start or what to file first..

A step-by-step would be most helpful.

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Thank you so much for the replies. 

 

I tried looking up the homestead exemption but it looks like it does not currently apply to me. (living with Inlaws while in College). THe only things i have in my name is a car which is paid and in both mine and my husbands name, So H.E. wouldnt work for me would it?

 

I got the garnishment summons 7/18 and the first bit is to be taken out 8/1....

 

Forgive my ignorance, but with so much info out there and on this site. I have no clue where to start or what to file first..

A step-by-step would be most helpful.

 

As long as you have a VA driver's license and are considered a VA resident you qualify for a HE.  While it does say "homestead" it has nothing to do with owning a home.  

 

I would get the HE form from the court where the judgment is, sign it in the presence of a notary then file it with the court.  If you don't qualify they will reject it.  If you do:  you get your money back and the creditor gets NOTHING!

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