Wage garnishment and exemptions in Virginia

How much of your pay a creditor can take in Virginia. Plus what a creditor can't touch in your bank account and what property you keep.

Short answer

Here is Virginia's rule on wage garnishment. A creditor can take the lesser of 25% of your weekly disposable earnings, or the amount above 40 times the federal or Virginia minimum hourly wage, whichever is higher. In a bank account: No automatic amount. A householder can choose to protect up to $5,000 of property, including money ($10,000 if 65 or older) (Va. Code § 34-4).

Wage limit
Up to 25%
Federal benefits in a bank account
Up to 2 months protected
Law
Va. Code § 34-29(A); § 34-4

How much of your pay can be garnished in Virginia

Wage limit
Stricter than federal. A creditor can take the lesser of 25% of your weekly disposable earnings, or the amount above 40 times the federal or Virginia minimum hourly wage, whichever is higher.
Head of household
A householder who supports dependents can protect an extra $500 of property, including money, for each dependent (Va. Code § 34-4).
Law
Va. Code § 34-29(A); § 34-4

Federal law caps garnishment at 25% of disposable earnings or less (15 U.S.C. 1673(a)); where Virginia's rule protects more, it applies.

In nearby states

More Virginia rules

  • Virginia protects more of your pay than federal law. It uses 40 times the minimum wage, and the Virginia minimum wage if that is higher (Va. Code § 34-29(A)).
  • Medical creditors and medical debt collectors may not get you arrested, foreclose on your home, or put a lien on your personal property to collect medical debt. They may not garnish your wages if you qualify for the provider's financial assistance (Va. Code § 59.1-612(B)).
  • No "extraordinary collection action" (such as a lawsuit, credit reporting, selling the debt, or a bank levy) on medical debt until 120 days after the final bill's due date. You must get at least 30 days' written notice first (Va. Code § 59.1-612(E)).
  • A version of § 34-29 takes effect July 1, 2027, removing state tax debts from the exception to the garnishment limit.

Property you can keep in Virginia

  • Home: up to $50,000 for the principal residence, plus the $5,000 wildcard ($10,000 if 65 or older) and $500 for each dependent (Va. Code § 34-4; amounts adjust April 1, 2027).
  • Vehicles: up to $10,000 total in motor vehicles you own; vehicles needed for your work are covered by the tools-of-trade exemption, up to $10,000 (Va. Code § 34-26(7), (8)).
  • Household furnishings: up to $5,000 (§ 34-26(4a)).

What Virginia protects in a bank account

No automatic amount. A householder can choose to protect up to $5,000 of property, including money ($10,000 if 65 or older) (Va. Code § 34-4).

Directly deposited Social Security, SSI, VA and certain other federal benefits are protected up to two months' worth, without filing anything (31 CFR 212.5, 212.6). More in our guide to debt lawsuits.

Before a garnishment: the court case in Virginia

If you don't appear on the return date, judgment may be entered against you (warrant in debt form DC-412).

If you are sued, answer on time. In Virginia: General District Court (warrant in debt): you don't have to file a written answer, but to dispute the claim you should appear on the return date shown on the warrant.

What to do if you are sued in Virginia

Protecting your pay and property in Virginia

  1. Watch for deadlines

    Look for the date to claim exemptions on every court, employer or bank notice.

  2. Work out what Virginia protects

    Virginia's wage rule: A creditor can take the lesser of 25% of your weekly disposable earnings, or the amount above 40 times the federal or Virginia minimum hourly wage, whichever is higher. A householder who supports dependents can protect an extra $500 of property, including money, for each dependent (Va. Code § 34-4).

  3. Look at your bank account

    Virginia also protects money in an account: No automatic amount. A householder can choose to protect up to $5,000 of property, including money ($10,000 if 65 or older) (Va. Code § 34-4). Check that the bank protected your direct-deposited benefits (31 CFR 212.6).

  4. Claim your exemptions in court

    Get the exemption claim form from the clerk and file it in time. Start with Virginia court self-help (official).

Questions about garnishment in Virginia

How much of my paycheck can be garnished in Virginia?

Stricter than federal. A creditor can take the lesser of 25% of your weekly disposable earnings, or the amount above 40 times the federal or Virginia minimum hourly wage, whichever is higher.

Can a creditor empty my bank account in Virginia?

No automatic amount. A householder can choose to protect up to $5,000 of property, including money ($10,000 if 65 or older) (Va. Code § 34-4).

Do parents or heads of household get extra protection in Virginia?

A householder who supports dependents can protect an extra $500 of property, including money, for each dependent (Va. Code § 34-4).

What are Virginia's property exemptions?

Home: up to $50,000 for the principal residence, plus the $5,000 wildcard ($10,000 if 65 or older) and $500 for each dependent (Va. Code § 34-4; amounts adjust April 1, 2027). Vehicles: up to $10,000 total in motor vehicles you own; vehicles needed for your work are covered by the tools-of-trade exemption, up to $10,000 (Va. Code § 34-26(7), (8)). Household furnishings: up to $5,000 (§ 34-26(4a)).

Can a collector take Social Security from my bank account in Virginia?

Directly deposited Social Security, SSI, VA and certain other federal benefits are protected up to two months' worth, without filing anything (31 CFR 212.5, 212.6). No automatic amount. A householder can choose to protect up to $5,000 of property, including money ($10,000 if 65 or older) (Va. Code § 34-4).

Keep reading about Virginia

Sources

Last checked: Oct 24, 2026.

Federal sources