If you’ve discovered that your bank account or paycheck is being garnished and don’t know why, you’re not alone. In most cases, a creditor sued you, won a judgment, and is now collecting on it — sometimes without you ever realizing the lawsuit happened.
You Likely Have a Judgment Against You
Under Virginia law, a creditor generally cannot garnish your wages or bank account without first suing you in court and obtaining a judgment. Once a judgment is entered, the creditor can ask the court to issue a garnishment summons directing your bank or employer to turn over funds (Va. Code § 8.01-511). That means that somewhere — usually a Virginia General District Court, on a Warrant in Debt, or a Circuit Court for larger claims — a case was filed and a judgment was entered against you.
A judgment doesn’t expire quickly — under Virginia law, a creditor can generally enforce a judgment for up to 10 years (or 20 years for older judgments and child support), and that period can be extended. See our page on the statute of limitations on debt in Virginia for how these deadlines work.
How You Can Be Garnished Without Realizing You Were Sued
Two situations account for most of the garnishments that catch people off guard.
Improper or incomplete service: Virginia law allows service by means other than handing you the papers directly, including leaving them with a family member at your home, or in some cases posting a copy on your door and mailing a copy afterward (Va. Code § 8.01-296). If you moved, or a family member never passed along the paperwork, you may never have actually seen the lawsuit.
A default judgment for not responding: if you were served but didn’t file an answer or didn’t show up for the Warrant in Debt hearing, the court can — and typically will — enter a default judgment against you without further notice.
A default judgment entered without proper service may be void and can potentially be challenged (Va. Code § 8.01-428), but this is fact-specific, time-sensitive, and worth discussing with an attorney before you assume it applies to your situation.
Judgment Garnishment vs. Tax Liens and Other Government Collections
Not every garnishment traces back to a private lawsuit. The Virginia Department of Taxation and the IRS have separate, administrative authority to collect unpaid taxes directly from your bank account or paycheck without first suing you in court (Va. Code § 58.1-1804). If you know you owe back taxes, the garnishment may be coming from a tax agency rather than a private creditor. But for most wage and bank garnishments — especially if you don’t recall any outstanding tax debt — a private creditor with a court judgment is by far the more likely explanation.
Step 1: Ask for a Copy of the Garnishment Summons
Contact your bank or your employer’s payroll or HR department and ask for a copy of the garnishment summons or order they received. This document will identify the creditor, the case number, and the court that entered the judgment — the fastest way to find out exactly what you’re dealing with.
Step 2: Search Virginia’s Court Records Yourself
If getting a copy from your bank or employer will take time, you can search for the underlying case yourself. Most consumer judgment garnishments start in a Virginia General District Court, so begin with the Commonwealth’s Case Status and Information portal and search by your name. You can also use our online interview tool to help walk through your situation once you have the case details.
Step 3: Use What You Find to Recover the Money
Once you know the case number, the court, and the creditor, you can move quickly. Virginia’s homestead exemption can let you recover funds already taken from a bank account, or capture wages garnished from a recent paycheck, once the right paperwork is filed with the court. Start the process with our online homestead deed tool.