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In Virginia can a colection agency for a credit card company that has issued a court date for a judgement with the VA homestead act not checked exempt on the court order issued garnish wages ? Can they garnish my wages ?
Optional Information: Country relating to Question: United States State (if USA): Virginia Already Tried: Court date is coming up, need an answer.
Thank you for your question.Wages can be garnished for a credit card judgment, up to a certain amount. Virginia Statute 34-29 limits the earnings that can be garnished to 25% of disposable income for that week or he amount by which disposable earnings for that week exceed 40 times the federal minimum hourly wage. There are other limitations as well. Here is a link to the statute:http://leg1.state.va.us/000/cod/34-29.HTMIf the judgment creditor attempts to garnish a larger amount of wages than prescribed by law, you can file an exemption claim with the court.
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