Legal Question in Credit and Debt Law in Virginia

Wage Garnishment

If garnishment papers accepted on employee - what is time frame to proceed with said garnishment - ie - wages deductions??? Can this be delayed just to accommodate subject employee - delayed by employer??


Asked on 1/24/04, 12:48 pm

1 Answer from Attorneys

Daniel Hawes Hawes & Associates

Re: Wage Garnishment

The employer must file an answer to the garnishment within twenty-one days of service upon him (the day of service being day zero). Yes, it can be delayed: the employer can file a motion for an extension of time within which to file the answer, which will be effective only if and to the extent that the judge hearing the motion approves. If the employer is a corporate entity (Inc., P.C., LLC, Ltd., etc.) then the employer MUST be represented by a licensed attorney for the purposes of argument of the motion. Filing the answer late doesn't really buy you anything, though, because the question is how much money did the employer have ON THE DATE THAT SERVICE WAS MADE upon the employer that rightfully should go to the employee. Failure to file the answer on time will subject the employer to liability for the full amount of the judgment.

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Answered on 1/24/04, 1:43 pm


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