If a creditor is garnishing your paycheck in Virginia, you are not powerless. State and federal law cap how much can be taken, and the Virginia homestead exemption lets you recover a portion of what has already been withheld.
How much of your wages can be taken
For most judgment creditors, a wage garnishment in Virginia can take up to 25% of your disposable earnings each pay period. A bank account, by contrast, can be frozen in full until you claim an exemption.
How much you can protect with a homestead deed
The Virginia homestead exemption lets you protect up to $5,000 of money and personal property — up to $10,000 if you are 65 or older, plus an additional $10,000 if you are a veteran with a 40% or greater service-connected disability, and $500 more for each dependent you support.
The exemption renews every 8 years
Amounts you previously claimed count against your maximum for eight years; after eight years, a homestead deed you filed long ago no longer reduces what you can protect today.
How to claim it
Record a Virginia Homestead Deed in your Circuit Court land records, then assert your homestead claim in the court handling the garnishment — usually the General District Court that issued the summons — before or on the return date. Start your homestead deed online, or read how to stop a garnishment in Virginia.