How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask LegalEagle1 Your Own Question
LegalEagle1, Attorney
Category: Legal
Satisfied Customers: 789
Experience:  Practicing attorney licensed for over 23 years.
Type Your Legal Question Here...
LegalEagle1 is online now
A new question is answered every 9 seconds

I have 3 garnishment summons sent to my employer. My employer

This answer was rated:

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?
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.

Please rate my answers with a positive rating (three or more stars) as this is the only way I receive credit and compensation for my work. If you have additional questions or need more information, please ask.

My goal is to provide with best assistance that I can. Please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also keep in mind that the law may not always be settled or may not support the position you want. My role is not to tell you what you want to hear. but to provide you accurate information as to what the law provides. Please do not rate me poorly just because the information I have provided does not support the outcome you desire.

You can always request me through my profile at also begin your question with “For LegalEagle1”
Use of this service does not create any attorney client relationship. Information provided is intended to explain general legal principles and assist you in finding an attorney in your area.

Please click "Great" or better to rate service.
Customer: replied 3 years 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 3 years ago.

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

I am going to opt out and open your question up to other experts.
Customer: replied 3 years 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:

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 and 8 other Legal Specialists are ready to help you

Related Legal Questions