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I was served with a wage garnishment summons but I have no…

Customer Question
Hi, I was served...

Hi, I was served with a wage garnishment summons but I have no job??

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Virginia

Lawyer's Assistant: Has anything been filed or reported?

There was a court date for a judgement hearing but it said if I was claiming to not owe the money, which I'm not, it said it was optional for me to go so I didn't.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Only that another company I owe placed a garnishment or something on my bank account so it's showing a -1200.00 balance

Submitted: 6 months ago.Category: Legal
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Answered in 5 minutes by:
1/9/2018
Lawyer: Legal Eagle, Lawyer replied 6 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,333
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 6 months ago

I'm sorry to hear about your situation. What specific questions did you have for me regarding this?

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Customer reply replied 6 months ago
I don't understand how the garnishment will work if I don't have a job. What do they do?
Customer reply replied 6 months ago
The other company I owe had a - $1200.00 balance put on my bank account, so at this point do I owe them or the bank? I'm confused about this?
Customer reply replied 6 months ago
Also, I receive $40.00 a month back child support owed me for my 30 year old daughter. Can they take that?
Lawyer: Legal Eagle, Lawyer replied 6 months ago

I'm sorry to hear about your situation. So, if you don't have a job, they may try to get a lien on some property that you have like a car, home, or other assets such that if you sell them, they get paid out right away. They may also try to garnish some money from your bank account, but usually, you can exempt up to a certain amount of cash assets that you have so you don't broke because of a judgment.

Child support cannot usually ever ben garnished because it's money for the child, technically, not you.

How else can I help you today?

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Customer reply replied 6 months ago
if I don't own anything, I have no car, house, property or anything and no wages will they do what the other company I owe did and have the amount I owe put as a negative balance in my bank account? I'm sorry I don't understand how garnishments work, how can they garnish what you don't have?
Customer reply replied 6 months ago
Also, on the first summons I received it said there would be a judgement hearing set and that is when they would determine if I was judgement proof when does that happen? Or is this summons it?
Lawyer: Legal Eagle, Lawyer replied 6 months ago

The court will garnish anything that's capable of being garnished. What can't be garnished is your social security or child support payments. If you don't have a job, there's nothing that they can garnish.

As far as when the judgment hearing is, that usually happens a few weeks after you get the summons. The court will send you the date/time of the hearing in the near future.

What else can I help you with today?

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