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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32154
Experience:  Began practicing law in 1992
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I got a wage garnishment letter sent to my human resources

Customer Question

I got a wage garnishment letter sent to my human resources office, which they sent it too me, it was from a federal credit union in Virginia with a court date in Virginia, to garnish my wages to repay a loan I defaulted on, my question is, can they start garnishing my wages before the court date, and if so, what's the max percentage they can go up to. Do I have time to work out a payment plan before the court date. I live in Texas, but the company I work for, is based out of Florida, and the credit union is in Virginia.
Submitted: 4 months ago.
Category: Legal
Expert:  Dwayne B. replied 4 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

It depends. If you got a wage garnishment letter then the court date is probably for the hearing on the garnishment not for a hearing on whether or ot you owe the money (in other words, they already got a judgment).

That likely means that the employer has been ordered to start garnishing immediately and send it to the court.

If you are working in Texas then they are probably (I'll explain below why I say probably) not allowed to garnish your wages, even if the employer is in FL. Texas does not allow wage garnishment and since the work is being done in Texas that is the state's laws that should apply on this. In addition, a VA court order shouldn't be recognized by a company based in FL since VA courts don't have jurisdiction in FL. They would have to take he VA judgment and then "domesticate it" in Florida.

You would need to hire a lawyer in VA to handle the hearing there but they should be bale to get the wage garnishment order reversed or rescinded and they may even be able to get your attorney's fees awarded to you.

I said probably above because I have not done the research on this issue in the last ten years or more. That's what the law used to be but you would need to get your lawyer to update the research.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.