How much of my wages can be garnished in Virginia?

Question

Accepted Answer

Virginia uses the federal cap but raises the minimum-wage floor from 30x to 40x federal minimum wage.

1. Federal Floor

15 U.S.C. § 1673(a) caps garnishment at the lesser of 25% of disposable earnings or amount above 30× federal minimum wage ($217.50/week).

2. Virginia Rule

Va. Code § 34-29(a) caps garnishment at the lesser of:

25% of disposable earnings; or

The amount by which disposable earnings exceed 40 times the federal minimum hourly wage ($7.25 × 40 = $290/week protected).

This 40x floor is stricter than federal 30x. Per § 34-29(b) the floor rises for debtors supporting dependents — additional $34 per dependent in some categories.

3. Special Categories

Child/spousal support: Up to 50-65% under 15 U.S.C. § 1673(b) and Va. Code § 20-79.1 (income deduction for support).

IRS levy: 26 U.S.C. § 6334.

Federal student loans: 15% under 20 U.S.C. § 1095a.

State tax: Va. Code § 58.1-1804 — Department of Taxation Memorandum of Lien and Order to Withhold.

4. Head-of-Household Exemption

Virginia uses the homestead exemption (Va. Code § 34-4) — $5,000 plus $500 per dependent — that can be applied via a homestead deed to protect wages from garnishment. The exemption is not automatic; the debtor must file a homestead deed before the garnishment return date.

5. Process

Creditor obtains judgment, then files a Garnishment Summons (Form CC-1485) under § 8.01-511. Employer must answer; debtor receives notice and may file a Claim of Exemption (CC-1454) or homestead deed.

6. Multiple Garnishments

Support has priority. Among ordinary creditors, the writ in effect at the time satisfies; subsequent writs queue and the employer notes them on the return.

7. Employer Anti-Retaliation

15 U.S.C. § 1674 prohibits firing for a single garnishment. Va. Code § 34-29(f) echoes this for any garnishment.

8. Bank Garnishment vs Wage Garnishment

Bank garnishments under the same § 8.01-511 procedure capture account balance at service. Homestead exemption (§ 34-4) protects up to $5,000 in personal property including bank funds if claimed timely.

This is legal information, not legal advice.