Stopping Wage Garnishment in Virginia

In Virginia, if a person avoids paying a debt for too long, the creditor may take the money through wage garnishment. This is a legal procedure and when the situation reaches this point, it can be very difficult to reverse.  

Satisfaction of Debt

A creditor can only receive garnished wages if there is debt. You can stop this action if you can prove that you have already given the creditor what you owe him. To do this, it may be necessary to file a Motion to Vacate with the court that issued the garnishment order.

Perhaps you didn’t pay the debt before but now that you recognize the consequences you are prepared to do so. If you pay the creditor in full, he will have to stop garnishing your wages. If you owe a large amount then he may also agree to stop the garnishment in return for a few lump sum payments.

Statute of Limitations

Creditors are not allowed to collect by means of wage garnishment forever. The law limits them to a specific period of time during which they can take action. The statute of limitations varies depending upon the type of debt.  For example, debts resulting from verbal contracts and open accounts are subject to a 3 year limit, but debts resulting from out of state judgments have a 10 year statute of limitations.

If the statute of limitations has expired, it is possible to stop wage garnishment. This will also require filing a Motion to Vacate.

Bankruptcy

If your wages are being garnished and have considered bankruptcy, you may have one more motive for doing so. Although, you may still be responsible for the debt at some point, filing for bankruptcy will stop wage garnishment immediately.

Legal Assistance

Before attempting to take any action, you should get legal advice. Consult with a debt settlement attorney for professional guidance regarding your best option.