I live in Virginia and the original judgement was in January 2011. Both my employer and I have been served the paperwork for my garnishment court date in November.
Not only 'can' they, but they HAVE to start withholding.
You should consult a debt-relief (bankruptcy) lawyer to review your financial situation and recommend a course of action.
Answers provided are general in nature and usually based on Virginia law. If I answer something posted from another state I'm probably out on a limb. Reliance on any answer posted here is at the sole risk and responsibility of the user, and in no way creates or implies an attorney client relationship with the author, his firm, staff, family or even his dog. And isn't it silly that we have to cover our *(&%$ with disclaimers in case some fool wants to blame me when they screw up? Reading any answer means you agree with the above.
The court date in November is when the garnishment will end. Your employer is required to withhold money from your wages and deliver the money to the court. If there is not enough collected to pay the entire amount due on the judgment, another garnishment can be filed. The process can be repeated, over and over, until the creditor is fully paid. If you have other bills, you would do well to consider bankruptcy. A bankruptcy filing will put an immediate halt to all collection actions, including garnishments. You should at least consult with a bankruptcy attorney to discuss whether or not filing bankruptcy would be a good option for you.
The answer provided is for general purposes only, and in no way establishes an attorney-client relationship.
Yes, your employer is required to start withholding funds when the employer receives the garnishment from the court. On the date on the notice, any checks sent by your employer for funds withheld from your ages will be handed over to the creditor.
You may be eligible to file a bankruptcy to stop the garnishment. You may be able to find an attorney on AVVO or on the NACBA.org website attorney finder.
Nothing in this response creates an attorney-client relationship. The answer is provided as general information and cannot be relied on due to the many factors that can impact any situation when all of the relevant facts may not have been included.
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