Why Is Money Being Taken From My Paycheck?

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When money is taken directly from your paycheck to pay a debt to a third party, it is called wage garnishment. A court has ordered your employer to send part of your wages to someone you owe money to. This person or company you owe money to is called a creditor.

Your employer has to follow the court order. They will take money from your paycheck before you get paid.

This article is about the court process of wage garnishments in Virginia. The rules are different in other states. If you live outside Virginia, you can find free legal help near you with LSC’s find-legal-aid tool.

Note: This article does not cover offsets, a process where you owe money to the same entity that is paying you. For example, if you work for the federal government or the military and have federal student loan debt, they may be able to take money directly from your paycheck without going to court first.

Why is this happening to me?

Garnishment happens because someone got a court judgment against you. This means someone started a lawsuit against you to collect a debt and a judge agreed that you owe the money. Garnishment is a new legal process that happens after the judgment has already been granted.

Here are the most common reasons for wage garnishment:

Ordinary debts: This is the most common type. It could be credit card debt, medical bills, or other money you owe. Someone had to sue you first and win in court.
Child support: If you owe child support, your wages can be garnished. The rules are different for child support than other debts.
Tax debt: If you owe back taxes to the IRS or Virginia, they can garnish your wages. The rules are different for tax debt.

Did I get proper notice?

You should have received papers before the garnishment started. These papers tell you about the lawsuit and give you a chance to go to court.

If you never got papers about a lawsuit, you might be able to ask the court to reopen your case. But the garnishment will keep taking money from your paycheck until the court acts.

You should also get a notice when the garnishment starts. This notice will be on colored paper and stapled to other court papers. It's called an exemption claim form. If you did not receive your form, you can download a copy online or pick one up from the courthouse.

How much money can they take?

Virginia has limits on how much can be garnished. The creditor can't take all your money.

The basic rule is that you get to keep either:

40 times the minimum wage per week OR
75% of your take-home pay

You get whichever amount is more. In 2026, this is about $510 per week.

Child support, spousal support, and tax debts have different rules. They can take more than regular creditors. For child support, they can take up to 60% of your take-home pay if you are 12 weeks or fewer behind, and 65% if you are more than 12 weeks behind. If you are also supporting another spouse or child, the limit is 50% if you are 12 weeks or fewer behind, and 55% if you are more than 12 weeks behind.

What should I do now?

Your next step depends on your situation. Here's how to figure out what to do:

I just got a garnishment notice

Time is important. You only have a short time to respond. The notice will tell you the "return date." That's your deadline.

Money is already being taken from my paycheck

You may be able to stop it or reduce the amount. It depends on your income and situation.

I think they're taking too much money

Check the rules about how much can be taken. Some income is protected. You might be able to keep more of your paycheck.

I don't know what this garnishment is for

You can look up the court case to find out what debt is being collected. The garnishment notice has a case number you can use.

They took money from my bank account

Bank account garnishment is different from wage garnishment. Different rules apply.

What if I can't pay my bills because of garnishment?

Check if your income is protected. Some types of income can't be garnished at all.

You might want to talk to a lawyer about bankruptcy.

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.

Things to remember

Act fast: Once money is paid to the creditor, you can't get it back. The return date on your notice matters.
Don't ignore it: Ignoring a garnishment won't make it go away. It will keep taking money from your paycheck until the debt is paid or until the court return date, whichever comes first. Even after the return date, the creditor can refile.
Keep all papers: Save every paper you get about the garnishment. You may need them later.
You have options: You don't have to let the creditor take more than the law allows. Get help if you need it.