Income Protected from Wage Garnishment (Exemptions)
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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, you may be able to stop or reduce it. It depends on where your income comes from.
Some types of income are protected by law. "Protected" is the same as saying your income is partially or fully exempt. If your income is exempt, creditors cannot take it to pay a debt, even if they have a court order.
There are two levels of protection:
- Completely exempt: Some income is fully protected. No creditor can garnish it at all.
- Partly exempt: Other income is partially protected. You get to keep a minimum amount, and the creditor can only take what's left over.
If you owe child support or have tax debts, these have different rules. Some income that's protected from regular creditors can be taken for child support or taxes
If your garnishment is for child support or taxes, talk to a lawyer. The exemption rules are different.
What income is completely protected?
These types of income usually can't be garnished at all:
- Social Security benefits: This includes Social Security retirement, disability (SSDI), and survivor benefits.
- Supplemental Security Income (SSI): These federal benefits for disabled or elderly people with low income are protected.
- Veterans benefits: VA disability payments and other veterans benefits are usually protected.
- ERISA pensions: Any pension is exempt from garnishment if it purports to be an ERISA-qualified pension. A crucial exception is garnishment for family support obligations for which there is a Qualified Domestic Relations Order, also known as a “QDRO.” Most other retirement pensions are protected if they have a "non-alienation provision." Most pensions have this.
- Retirement benefits of federal employees
- Military retirement pay
- Unemployment compensation
- Retirement plans that satisfy IRS Code 401, 403(a), 403(b), 408, 408A, 409 or 457.
- 401(k)s, with exceptions for Qualified Domestic Relations Orders (QDROs).
- Roth IRAs can be more complicated. Talk to a lawyer to see if your Roth IRA income is exempt.
- Longshore and Harbor Workers’ Compensation Act
- Seaman’s, masters, or fisherman’s wages
- Black Lung benefits
- Annuities to survivors of federal judges
Important: Just because these types of income cannot be garnished doesn't mean the money is always safe. Some of these income types can still be reduced through a process called an offset, which is different from garnishment.
Even if your income is protected, you still need to file an exemption claim. The garnishment won't stop automatically just because your income is exempt.
What if I only get to keep the minimum?
Even if your earnings income isn't completely protected, Virginia law says you keep a minimum amount. This is often called the wage garnishment limit.
You get to keep whichever is more:
- 40 times the minimum wage per week, OR
- 75% of your take-home pay
In 2026, 40 times minimum wage equals about $510.80 per week.
This means even if you work and you don't have entirely exempt income, they can't take everything. You always keep at least this much of your earnings.
What does "collection-proof" mean?
If all your income and property is exempt, you're "collection-proof." Being collection-proof means creditors can't take anything from you. You don't have any money or property they can legally touch.
Some folks call this "judgment-proof," though that is misleading because you can technically have a judgment entered against you, they just cannot collect from you.
For example: You have a medical debt. You only receive Social Security and SSI. You rent your home and don't own a car. You have no savings. All your income is exempt and you have no property to take. You're collection-proof from this type of debt.
Even if you're collection-proof, creditors might still try to take money from your paycheck. If your employer mistakenly withholds money from your paycheck, even though you make less than the exempt amount, then talk to your employer’s payroll department right away. You may need to file an exemption claim to stop them.
How do I tell the court my income is protected?
Follow these steps:
Fill out the forms completely.
Check all boxes that apply to you.
Common exemptions include:
- You receive Social Security or SSI (line 1)
- You receive veterans benefits (line 2)
- Your income is below the garnishment limit (line 9)
- You receive other protected benefits
List where your income comes from. Be specific. Write "Social Security retirement" not just "Social Security."
Gather proof
Collect papers that show your income. You might need:
- Social Security award letters
- Recent bank statements showing direct deposits
- Pay stubs if you work
- Benefits statements
- Tax returns
Make copies for yourself and bring these to court if there's a hearing.
File the forms before the return date
Look at your garnishment notice. Find the "return date." This is your deadline.
If you do not have the garnishment notice, ask your HR department at work.
You can also look up the information online:
- For General District Court cases: Select the court, and click “Case Number Search” or “Name Search” under the “Civil” category.
- For Circuit Court cases: Select your county’s court, click “Begin”, and then select the “Civil” division.
Take or mail your exemption claim to the court before this date. If you mail it, send it early enough to arrive on time. Use certified mail so you can track it and know it was received.
What happens after I file?
The court will review your exemption claim. They might:
- Grant your exemption: Any money that was already withheld from your exempt income will be returned to you. The court also sends a notice to your employer. Your employer should stop withholding money from your paycheck after that.
- Deny your exemption: The garnishment continues.
- Schedule a hearing: In most cases, the court will schedule a hearing where you explain your situation to a judge in person. Come prepared with all your proof.
If there's a hearing, bring all your proof. Show the judge your income is protected. Do not miss this court date. If you don't go, the judge might not grant your exemption.
Important: An exemption claim only covers money that has already been withheld. This means winning your exemption claim does not automatically stop future garnishment. This is particularly important if you file your exemption claim well before the return date.
If you want the garnishment to stop going forward, you also need to file a Motion to Quash. Without that, your employer may keep taking money from future paychecks even after you win your exemption claim. Read more: Can I stop or reduce the money being taken out of my paycheck?
What if I get denied?
If the court denies your exemption, ask why. You might need:
- Better proof of your income
- Help from a lawyer to explain the law
- To appeal the decision
Contact legal aid immediately if your exemption is denied. They can help you figure out what to do next. See the “where can I get free legal help?” section below.
Can they take money from my bank account if my income is exempt?
This gets tricky. Even if your income is exempt, a creditor might still try to take money from your bank account. There are also specific rules for when you have a joint bank account with someone else.
Read more: Bank Account Garnishment in Virginia
What if I can't afford rent or buy food?
If your income isn't fully exempt and you can't make ends meet, talk to a lawyer about bankruptcy. Bankruptcy can sometimes stop garnishment and give you a fresh start.
Where can I get free legal help?
Free legal help may be available if you can't afford a lawyer: Call 866-LEGLAID (866-534-5243) or visit virginialawhelp.org/get-legal-help to find a legal aid office in your area.
(If you live outside Virginia, you can also find help through LSC’s find-legal-aid tool or the Senior Legal Hotline Directory.)
If legal aid cannot help you, look for a lawyer using the National Association of Consumer Advocates search tool. Be sure to ask in advance if there is a charge for the initial consultation.
Don't wait. File your exemption claim before the return date.