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LegalEagle1
LegalEagle1, Attorney
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Experience:  Practicing attorney licensed for over 23 years.
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I have 3 garnishment summons sent to my employer. My employer

Resolved Question:

I have 3 garnishment summons sent to my employer. My employer filled an answer to all 3 creditors. One answer was that they were going to garnish my wages starting friday and they told the other 2 creditors that they were already garnishing my wages for the maximum amount allowed. Should I just file my homestead exemption with the one creditor that they are going to start garnishing my wages for?
Submitted: 1 year ago.
Category: Legal
Expert:  LegalEagle1 replied 1 year ago.
Hello and welcome to JustAnswer. I would like to assist you with your question today.

The Homestead Exemption protects the value you have in your home against creditors, it does not provide any protection against garnishment of wages. So filing a Homestead Exemption is not appropriate.

I hope that I have answered your question. Please let me know if you have more questions or need more information.

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Customer: replied 1 year ago.

Every householder shall be entitled, in addition to the property or estate exempt under §§ 23-38.81, 34-26, 34-27, 34-29, and 64.2-311, to hold exempt from creditor process arising out of a debt, real and personal property, or either, to be selected by the householder, including money and debts due the householder not exceeding $5,000 in value or, if the householder is 65 years of age or older, not exceeding $10,000 in value. In addition, upon a showing that a householder supports dependents, the householder shall be entitled to hold exempt from creditor process real and personal property, or either, selected by the householder, including money or monetary obligations or liabilities due the householder, not exceeding $500 in value for each dependent.


For the purposes of this section, "dependent" means an individual who derives support primarily from the householder and who does not have assets sufficient to support himself, but in no case shall an individual be the dependent of more than one householder.

Customer: replied 1 year ago.

In virginia you can use the homestead exemption on wages and money. But see you are not familiar with virginia law, thanks anyways.

Expert:  LegalEagle1 replied 1 year ago.
I am going to opt out and open your question up to other experts.
Customer: replied 1 year ago.

ok

Expert:  LegalEagle1 replied 1 year ago.
Since no other expert stepped into answer and I had a chance to research Virginia's Homestead and Other Exemptions I thought I would provide you some follow up information. You can review the chapter that contains the statues which make up Virginia's Homestead and Other Exemptions here:

http://law.onecle.com/virginia/homestead-and-other-exemptions/ch2.html

You can file an exemption under the provisions of this chapter and protect up to $5000 of cash or garnished funds during the entire course of your lifetime. (Disabled veterans and debtors over 65 have $10,000 of protection) Seeking protection of this sort though does not stop the creditor from garnishing future wages. All it does is delay the garnishment the judgment still remains effect. All the judgment holder must do is wait until you exhausted the entire $5000 protecting your wages and then garnish wages in the future.

The best way to eliminate future garnishment is 1) file a motion to set aside the judgments that are outstanding, 2) seek bankruptcy protection or 3) negotiate a reduced voluntary payment to creditors in exchange for releasing the garnishment. Many creditors are willing to reduced lump sum payment to settle a debt rather than having to pursue garnishments.

I hope that this additional information answers your question. If you need more information please let me know. Either I or another expert will try to assist you.
LegalEagle1, Attorney
Category: Legal
Satisfied Customers: 748
Experience: Practicing attorney licensed for over 23 years.
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