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1160 Pepsi Place, Suite 341, Charlottesville, Virginia 22901
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Veteran Charlottesville Law Firm Helps Protect Your Earnings

Safeguarding your wages against garnishment

If a creditor files a judgment against you for an outstanding debt, you may be subject to wage garnishment. In this process, your employer is forced through court order to withhold a percentage of your paycheck and pay that amount to your creditor. At the Miller Law Group, P.C., we understand that the last thing you need when you’re struggling to pay your bills is even less money coming in from your job. An experienced bankruptcy attorney with our firm can help protect your unpaid wages and the financial security they afford you and your family.

Can a creditor take all my unpaid wages in garnishment?

Under Virginia’s wage garnishment laws, most creditors are limited to collecting 25 percent of your wages while allowing you to bring home at least $290 per week. The laws of the Commonwealth of Virginia are even stricter than federal law in this respect, although under certain circumstances, a creditor may be permitted to collect a higher percentage of your wages. At the Miller Law Group, P.C., our attorneys can help you protect your income by putting a stop to calls from creditors and debt collection agencies threatening to garnish your wages.

Protected income

Certain types of income are protected from garnishment:

  • Social Security
  • Supplemental Security Income (SSI)
  • Temporary Assistance for Needy Families (TANF)
  • Unemployment Compensation
  • Workers compensation
  • Veterans benefits

Garnishment of wages in Virginia

A garnishment summons is sent by a court or administrative agency in Virginia to your employer. The summons directs your employer to withhold a certain amount of money from each paycheck — for a period that may last from one month to six months — and send those funds directly to the court or agency to hold onto until the end of the garnishment period, or return date. If your wages garnished over that period don’t satisfy your debt, the creditor may apply for an additional wage garnishment. Filing for bankruptcy may temporarily stop the wage garnishment process, but with your financial stability and credit rating at stake, it is important to take action immediately. Our skilled Charlottesville bankruptcy attorneys, drawing upon more than 30 years of combined experience, can advise you on the best course of action to protect your income and repay your debts.

Contact us for help preventing wage garnishment

If you have fallen behind on loan payments, the Miller Law Group, P.C. can prevent your wages from being garnished by a creditor. We know that time is of the essence, and we act quickly to keep your income safe. Our attorneys and staff work hard to protect what’s important to our clients in Albemarle County and surrounding counties:  their assets and their families. Call us locally at 434-202-5293 or contact us online today for your FREE APPOINTMENT. Our law firm is located behind the Senior Center in Charlottesville and is handicapped-accessible. Parking is available outside the door.

Serving the communities of central Virginia, including Albemarle, Augusta, Buckingham, Charlottesville, Culpeper, Fluvanna, Greene, Louisa, Madison, Orange, Harrisonburg, Staunton and Waynesboro