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What Happens After Wage Garnishment Starts

Read this in: Español

Author: Jay Speer

Wage garnishment is when a court orders your employer to take money directly out of your paycheck to pay a debt you owe. If garnishment has already started, that money is being taken before you ever see it.

Garnishment can continue for months or even years (if the creditor keeps filing new garnishments), but it doesn't always have to run its full course. You may be able to stop it, reduce the amount being taken, or negotiate a new arrangement with the creditor. And even if you can't stop it right now, there are things you should know to protect yourself while it's ongoing.

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.

How long will the garnishment last? 

Check your court papers. It will say on your garnishment summons how long it lasts. If you don't have the papers, ask your employer's HR department for a copy.

The most common garnishment periods are six months and three months.

The garnishment continues until one of these things happens:

  • The debt is paid in full
  • The garnishment time period ends*
  • You file papers to stop it successfully
  • You negotiate a new deal with the creditor that explicitly agrees to end the garnishment

*If the time period ends and you still owe money, the creditor can file a new garnishment right away. Most creditors file one garnishment after another until the debt is paid off. Depending on how much you owe, this could take months or even years.

Can I have more than one garnishment at a time? 

Yes, but they take turns. Creditors have to wait in line.

Here's how it works:

  • First garnishment: The first creditor to file gets paid first. Money comes out of your paycheck until their debt is paid or the garnishment expires.
  • Second garnishment: After the first one ends, the second creditor's garnishment starts. This could be weeks or months later.

If the garnishment expires and there is still a debt, they can keep filing garnishment orders until the debt is paid in full or it is discharged in bankruptcy.

Child support is different. Child support always jumps to the front of the line. Even if another garnishment started first, child support gets paid first.

  • If you are having trouble supporting your child because of the garnishment, talk to a lawyer about withholding money from your paycheck for child support. This moves your child support payments to the front of the line, so you can meet your child’s basic needs.

What if I change jobs? 

It depends on what kind of job change happens: 

If you change to a new employer

The garnishment doesn't automatically follow you. The creditor would need to find out where you work. Then they'd have to file a new garnishment against your new employer.

If you change positions at the same employer

The garnishment follows you. Your employer still has the court order. It doesn't matter if you move to a different department or location.

If you lose your job 

The garnishment stops because you're not getting a paycheck. But the debt doesn't go away. The creditor can:

  • Wait until you get a new job and garnish your wages there
  • Try to garnish your bank account
  • Try other collection methods

If you quit your job

Quitting your job just to avoid garnishment usually makes things worse. You still owe the money, but now you have no income. Remember that the bulk of your income is exempt under the minimum wage/75% rule anyway. If you're thinking about quitting because of garnishment, talk to legal aid first. There are almost certainly better options.

Can my employer fire me because of garnishment? 

Your employer usually cannot fire you for your first garnishment. This is federal and state law.

If you have a second garnishment (or more), the law doesn't protect you anymore. Your employer can fire you.

Some employers are understanding. Others see garnishment as a hassle. Talk to your HR department if you're worried about your job.

Should I still apply for benefits if I'm being garnished?

Apply for the benefit. Don't skip it because of garnishment.

If you don't apply, you get nothing. If you do apply, most benefits are protected from garnishment, so you might get to keep the money after all. And even if you still lose some of it to garnishment, at least the money will go toward paying your debt.

Examples of benefits you should still apply for:

  • Social Security
  • SSI (Supplemental Security Income)
  • Disability benefits
  • Veterans benefits
  • Unemployment benefits
  • Auxiliary benefits for your dependent children, based off your receipt of one of the above benefits

Read more: Income Protected from Garnishment (Exemptions)

What fees can my employer charge me? 

Your employer can charge you a processing fee for handling the garnishment.

The bank can also charge fees if your bank account is garnished.

These fees come out of your money. They're on top of what the creditor is taking.

Can the creditor take my tax refund? 

Regular creditors generally cannot take your tax refund directly. Here is what you need to know:

  • Creditors cannot intercept your refund from the government. When the government sends your refund to your bank account, a regular creditor cannot block that transfer.
  • Some portions of your refund may be exempt. For example, the child tax credit and the earned income tax credit are protected.
  • Once your refund is in your bank account, a creditor may try to take your tax refund by garnishing your bank account. If this happens, call legal aid right away. Read more: Bank account garnishment in Virginia

Note: If you have a federal student loan in default, different rules may apply. That is handled through a process called an offset, which is different from garnishment.

Can they take my car or other property? 

It helps to understand the difference between two types of debt first.

Secured debt is tied to a specific item, like a car or a home. If you stop paying, the lender has the legal right to take that item back. A car loan and a mortgage are common examples.

Unsecured debt is not tied to any specific item. If you don't pay, the creditor cannot simply come and take your belongings. Credit cards, medical bills, and personal loans are common examples.

If you have a car loan or other secured debt

If you don't pay your car loan, or if you have given a creditor a right to your car, they can repossess it (take it back). However, a repossession company cannot use force, threats, or violence to take your car. This is called "breaching the peace" and it is not allowed.

In some cases, a creditor may have arranged with the dealer to remotely disable your car if you fall behind on payments. This is worth knowing if you financed a newer vehicle. Do not keep important documents in your car if you are struggling to make car payments.

If you have credit card debt, medical bills, or other unsecured debt

For unsecured debts, a creditor cannot just take your property. They would need to get a court order. This is called a levy. Levies are rare.

If a sheriff shows up at your house, this is often a scare tactic. They will not take anything at the first visit. Instead, they will leave you with paperwork about what a creditor might be able to take. Call legal aid immediately. Don't let them take anything without talking to a lawyer first. See the “where can I get help?” section below.

For most low-income people, creditors can't actually take most of what you own. The law protects basic necessities.

Property that is protected from creditors

Some property cannot be taken no matter what you owe:

  • Family Bible
  • Wedding rings
  • Family portraits
  • Heirlooms
  • A burial plot and a preneed funeral contract
  • Basic clothing
  • Basic furniture
  • Firearms, up to $5,000 in value
  • Pets and other animals not kept for farming or breeding (the law specifically names cats, dogs, birds, and other household pets)

Check the full list of poor debtor's exemptions to see what items are protected.

Homestead exemption

There is also a protection called the homestead exemption. In Virginia, the first $10,000 of your car's equity is protected under this exemption. Even if you have more than $10,000 in equity, a creditor would need to get a court order and post a bond to take your car. This rarely happens.

The homestead exemption is complicated. Do not try to use it without talking to a lawyer first. See the “where can I get free legal help?” section below.

What if I still can't afford food and rent? 

If garnishment leaves you unable to pay for basic needs, you have options:

Check if your income is exempt

You might qualify to stop or reduce the garnishment. Read more: Income Protected from Garnishment (Exemptions)

See if you qualify for SNAP or food assistance

Read more: Getting Food Help in Virginia

Talk to legal aid

They can review your situation and help you understand your options. See the “where can I get free legal help?” section below.

Consider bankruptcy

If you have many debts and can't pay any of them, bankruptcy might help. Bankruptcy can:

  • Stop garnishment immediately
  • Wipe out some debts completely
  • Give you time to pay other debts
  • Protect your property

Bankruptcy is serious and complicated. Talk to a bankruptcy lawyer before deciding. Legal aid can connect you with help. You can also find a bankruptcy lawyer using the National Association of Consumer Advocates search tool. 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.

Read more: What is bankruptcy and can it help me?

Can I negotiate with the creditor? 

Yes. You can always try to work out a deal. If you can pay something each month, the creditor might agree to stop the garnishment, accept smaller monthly payments, or settle for less than you owe.  Be aware that many creditors will not agree to any payments less than what is being withheld under the garnishment. 

Get any agreement in writing. Do not sign anything you do not understand. If stopping the garnishment is important to you, make sure the written agreement specifically says the garnishment will end.

After you make a deal, the creditor can dismiss their own garnishment. Or you can file a motion to quash. A motion to quash is a formal request asking the court to stop the garnishment, so your employer no longer withholds money from your paycheck.

Legal aid can help you with this paperwork. See the “where can I get help?” section below.

What should I do right now? 

Keep track of everything

Save all your pay stubs, court papers, and bank statements. You might need them later.

Watch the amount

Make sure your employer is taking the right amount from each paycheck. If they take too much, tell HR immediately.

Plan your budget

Figure out how to pay your bills with less money. Look for ways to reduce expenses. Get help from local assistance programs if needed.

Check for exemptions

If your income is protected, file an exemption claim. Don't wait.

Don't wait

File your exemption claim before the return date.

Where can I get free legal help?