Garnishment exemption claim

[rhonda dortch]

Jurisdiction

Virginia

I received a garnishment exemption claim form from a creditor. Does this mean the garnishment has started OR does it mean we go to court first. Should I contact and try and work out payment plan. I can't afford a lot but my company is funny and everybody know everybody's business. I have a lot of responsibility and want this settled privately.

 

[adjusterjack]

According to the VA garnishment statute it is likely that the document that you got was served at the same time the garnishment summons was served on your employer.

Here's the statute:

§ 8.01-512.4. Notice of exemptions from garnishment and lien

Here's the garnishment summons form. The judgment creditor has to attest on the back page that he has served you with the 8.01-512.4 notice.

http://www.courts.state.va.us/forms/district/dc451.pdf

As for working out a payment plan with the creditor it's way too late for that.

You didn't pay the debt when it was due, you didn't pay the debt when it became delinquent, you didn't pay the debt when the lawsuit was filed, and you didn't pay the debt after the judgment. You had all those opportunities to work out a payment plan, but didn't.

Now, unless you want to offer to pay more than what comes out of your paycheck all the creditor has to do is sit back and relax while your employer sends him your money.

I suggest that you get your money out of banks and stop using banks because your bank account is next on the list for the creditor to go after and you won't know about that until your account is frozen and it's too late to stop the levy.