One of the hardest things about a garnishment in Virginia is that it can happen more than once. If you’ve already had wages or a bank account taken, you may be wondering whether a creditor can simply do it again. Usually, yes — but you also have a tool to protect your money each time.
Creditors can garnish repeatedly
A creditor with an unpaid judgment can garnish you again and again. Each garnishment summons covers a set period; when that period ends, the creditor can issue a new one, and can keep doing so until the judgment, interest, and court costs are fully paid.
More than one creditor can come after you
If you owe several judgments, different creditors can pursue garnishments, though limits apply to how much of your wages can be taken. Learn more about Virginia wage garnishment exemptions.
Your homestead exemption and the 8-year rule
The Virginia homestead exemption lets you protect a portion of your wages and bank funds. Amounts you claim count against your maximum for eight years (Va. Code § 34-21); after eight years, a homestead deed you filed long ago no longer reduces what you can protect today. Within those limits, you can file a homestead deed to protect money each time you’re garnished, up to your available exemption.
Don’t just wait it out
Because creditors can renew garnishments, waiting rarely solves the problem. Asserting your homestead exemption — and, if appropriate, talking to an attorney about resolving the underlying judgment — is how you stop the cycle.
Ready to get your money back?
You can prepare your Virginia Homestead Deed online, then follow the included instructions to record it and assert your claim before the garnishment’s return date (court date). See pricing or learn how to stop a garnishment in Virginia.