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How to Find Out What Your Garnishment Is For

Read this in: Español

Author: Jay Speer

Try to get free or low-cost legal help: 

  • Try to get free or low-cost legal help: Call 866-LEGLAID (866-534-5243) or visit virginialawhelp.org/get-legal-help to find a legal aid office in your area.

  • You can also use the NACA (National Association of Consumer Advocates) lawyer Directory to find a lawyer. Under "area of practice," select “bankruptcy” from the drop-down menu. Be sure to ask in advance if there is a charge for the initial consultation.

This article is about wage garnishment in Virginia. The rules are different in other states. If you live outside Virginia, you can find free legal help near you at LSC’s find-legal-aid tool.

If money is being taken from your paycheck or bank account to pay a debt, that's called garnishment. A court has ordered your employer or bank to send your money to someone who has already gotten a court judgment for the debt.

If your wages or bank account are being garnished, you need to know what debt is being collected. This helps you:

  • Make sure the debt is really yours
  • Check if you already paid it
  • Check if you already discharged it in bankruptcy, if you have filed before
  • See if you were properly notified about the lawsuit

Any of these things can help you challenge the debt and the garnishment.

Finding your court case gives you this information.

Where is the case number? 

Look at your garnishment papers. You should see a case number.

The case number has a pattern. It usually ends in "00" or "01" or another number.

  • If it ends in "00": This is the original court case about the debt. This is the one you want to find.
  • If it ends in "01" or higher: This is the garnishment case. Look for a similar case number that ends in "00" instead. That's the original case.

For example: If your garnishment notice shows case number "CL25-1234-01," look for case number "CL25-1234-00." That's the original lawsuit.

If you don't have garnishment papers with a case number:

  • Contact your employer's HR department. They should have the court order.
  • Call the court clerk. Give them your name and see if they can find the case.

You need the case number to look up information about the garnishment.

How do I look up the court case? 

You can look up the case online. Go to the court's website.

General district court covers:

  • All disputes over $4,500 or less
  • Most disputes between $4,500 and $25,000 (up to $50,000 for personal injury and wrongful death)
  • Most residential landlord tenant matters–evictions, requests for repairs, etc.

Circuit court covers:

  • All disputes for $25,000 or more
  • Occasionally disputes between $4,500 and $25,0000
  • Any dispute about who truly owns land ("trying title")

Your garnishment notice will say which court your case is in. Search for your case number in that court system:

 You should be able to see:

  • When the lawsuit was filed
  • Who the creditor is (who you supposedly owe)
  • How much money the judgment is for
  • When and where you were served papers
  • What the original debt was for

If the case is less than 10 years old, the court should still have the file.

If the case is more than 10 years old, the court probably does not have the file anymore and you should contact a lawyer for help.

You might still be able to get information about the judgment. Ask the court clerk if they have any records.

What should I look for in the court file? 

When you find the court case, check these things:

When were you served? 

The papers should show a date when you were "served." This means they delivered lawsuit papers to you.

Where were you served? 

Look at the address where they claim they served you. Did you live there? If they served you at the wrong address, the lawsuit might not be valid. Talk to a lawyer to help you challenge improper service. See the “where can I get help?” section below.

What is the debt for? 

The file should explain the original debt. Is this a debt you remember? Does the amount seem right? Just because a creditor says you owe money doesn’t mean it's true.

Who is the creditor? 

Check who sued you. Is it the original company you owed? Or did they sell the debt to someone else? Make the creditor prove they own the debt.

Read more: What Debt Collectors Can and Can't Do (Scroll down to “How do I ask them to prove I owe the debt?”)

Remember: Do not assume a creditor is right. Confirm you owe the debt and that the amount is correct.

What if I never got papers about a lawsuit? 

If you never received papers about the lawsuit, the judgment might not be valid.

The creditor has to prove they served you properly. Look at what the file says about service of process. If they served you at the wrong address or used the wrong method, you might be able to challenge it.

Talk to legal aid right away if you think you weren't properly served. Do this as soon as possible. Do not wait. See the "where can I get free legal help?" section below.

What do I do with this information? 

Once you find out what the garnishment is for, you can decide your next step:

If the debt is yours and you owe it

  • Check if your income is protected (exempt)
  • Make sure they're not taking more than is legally allowed
  • See if you can negotiate an affordable payment plan

Read more: Can I Stop or Reduce Wage Garnishment?

If you already paid this debt

If you don't think you owe this debt

Talk to a lawyer about challenging it

If you were never properly notified about the lawsuit

  • Look at how and where you were served
  • Talk to lawyer about challenging the judgment
  • There may be time limits, and it is always better to challenge judgments promptly rather than wait, so act fast

Where can I get free legal help?