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Summary of differences between federal and state regulations
The state of Virginia has several codes relating to garnishment of wages.
Discharge due to garnishment
The state of Virginia follows the federal rule in this matter.
State
Contact
Questions regarding a wage garnishment order should be directed to the court which issued the order.
Regulations
Va. Code Ann. §§8.01-512.2 to 8.01-512.3
(Relevant codes addressing garnishment of wages.)
Va. Code Ann. 8.01-512.2. Fee for garnishee-employers.
Garnishee-employers may charge and collect a fee of up to ten dollars from a judgment-debtor employee on account of such employers' expense in processing each garnishment summons served on such employers on account of the judgment-debtor employee.
Va. Code Ann. §34-29 - Maximum portion of disposable earnings subject to garnishment.
(a) Except as provided in subsections (b) and (b1), the maximum part of the aggregate disposable earnings of an individual for any workweek which is subjected to garnishment may not exceed the lesser of the following amounts:
(a)(1) Twenty-five percent of his disposable earnings for that week, or
(a)(2) The amount by which his disposable earnings for that week exceed thirty times the federal minimum hourly wage prescribed by § 206 (a) (1) of Title 29 of the United States Code in effect at the time earnings are payable.
In the case of earnings for any pay period other than a week, the State Commissioner of Labor and Industry shall by regulation prescribe a multiple of the federal minimum hourly wage equivalent in effect to that set forth in this section.
(b) The restrictions of subsection (a) do not apply in the case of
(b)(1) Any order for the support of any person issued by a court of competent jurisdiction or in accordance with an administrative procedure, which is established by state law, which affords substantial due process, and which is subject to judicial review.
(b)(2) Any order of any court of bankruptcy under Chapter XIII of the Bankruptcy Act.
(b)(3) Any debt due for any state or federal tax.
(b1) The maximum part of the aggregate disposable earnings of an individual for any workweek which is subject to garnishment to enforce any order for the support of any person shall not exceed:
(b1)(1) Sixty percent of such individual's disposable earnings for that week; or
(b1)(1)(2) If such individual is supporting a spouse or dependent child other than the spouse or child with respect to whose support such order was issued, fifty percent of such individual's disposable earnings for that week.
The fifty percent specified in subdivision (b1) (2) shall be fifty-five percent and the sixty percent specified in subdivision (b1) (1) shall be sixty-five percent if and to the extent that such earnings are subject to garnishment to enforce an order for support for a period which is more than twelve weeks prior to the beginning of such workweek.
Va. Code Ann. §20-79.3 - Information required in income deduction order.
(Lengthy code addressing the employer’s responsibilities for wage withholding.)
Federal
Contact
www.dol.gov/general/topic/wages/garnishments
Regulations
Federal law limits the amount of wages that can be garnished, in most cases, to 25 percent of weekly earnings after taxes. If more that one garnishment order exists against an individual, the total amount cannot exceed the maximum set by law. Some government obligations, such as back taxes and child support, always have precedence.