Can I Stop or Reduce the Money Being Taken Out of My Paycheck?

If money is being taken from your paycheck to pay a debt, this is called wage garnishment. A court has ordered your employer to send part of your wages to someone you owe money to.

You may be able to stop or reduce the amount being taken.

Try to get free or low-cost legal help: 

• Try to get free or low-cost legal help: Call 866-LEGLAID (866-534-5243) or visit virginialawhelp.org/get-legal-help to find a legal aid office in your area.

• You can also use the NACA (National Association of Consumer Advocates) lawyer Directory to find a lawyer. Under “area of practice,” select “bankruptcy” from the drop-down menu. Be sure to ask in advance if there is a charge for the initial consultation.

This article is about wage garnishment in Virginia. The rules are different in other states. If you live outside Virginia, you can find free legal help near you at LSC’s find-legal-aid tool.

Can I stop the garnishment? 

Here are the main reasons you might be able to stop or reduce wage garnishment:

1. Your income is protected (exempt)

Some types of income can't be garnished at all. If all of your income comes from protected sources, then you can file papers to stop the garnishment. If part of your income comes from protected sources, then you can file papers to reduce the garnishment.

Read more: Income Protected from Garnishment (Exemptions). This article lists all protected income types and walks through exactly how to file the paperwork.

2. They're taking too much money

Virginia limits how much can be garnished. You are supposed to keep whichever is MORE:

• 75% of your take-home pay, OR
• 40 times the minimum wage per week

Read more: How Much of My Wages Can Be Garnished in Virginia?. This article shows you how to calculate the correct amount step-by-step. It also explains what to do if the amount is wrong

3. The debt was already paid

If you paid the debt before garnishment started, or if you've paid it off since garnishment started, the creditor shouldn't be taking your money anymore.

Your best option: 

This can be complicated. Call legal aid and ask for assistance with this. If legal aid cannot help you, a NACA lawyer may be able to assist you. See the “where can I get help?” section below.

Option to represent yourself: 

If you are unable to find legal assistance to take these steps for you, then you can represent yourself.

Here's how to do it: 

1. Ask the court to mark the debt as paid (satisfied). You'll need to show the court that you paid the debt in full. Use DC-459, Motion to Mark Judgment Satisfied to do this. Bring receipts, canceled checks, bank statements, and any other proof of payment to support your request.

2. Ask the court to stop the garnishment (Motion to Quash). You'll also need to file a Motion to Quash to formally stop the garnishment. This is a separate request asking the judge to cancel the garnishment order. Fill out this Motion to Quash form if the debt was paid in full. 

Bring both the Motion to Quash and Form DC-459 to the court date at the same time.

4. You never got notice of the lawsuit

Before a garnishment can happen, the creditor had to sue you and win a judgment (a court decision saying you owe the money). You should have also been served. Service is the official process of delivering court papers to you. It is required by law so that you have a chance to respond before a judge makes a decision about you.

If you never got papers about the lawsuit, the judgment might not be valid. You may be able to challenge the garnishment.

To find out what the court says, contact the clerk (the court employee who keeps records) at the court where the judgment was entered. Ask how the court records show you were served, and at what address.

For example, you may hear: "You were served by posting, at 123 Maple Street." Write down exactly what the clerk tells you. Read it back to them to confirm you got it right. Say "thank you for your time."

Do not argue with the clerk. The clerk can give you information, but cannot change things. Only the judge can do that, after you file paperwork.

Once you have that information, contact legal aid or a NACA lawyer for help with your next steps. See the "Where can I get help?" section below.

5. You've negotiated a payment plan

You can try to negotiate with the creditor at any time, even after garnishment starts.

If you and the creditor agree to a new payment arrangement, the court can stop the garnishment.

What to do:

1. Contact the creditor (the company or person you owe money to, not your employer).
2. Offer to pay a certain amount each month on the condition that they agree to stop the garnishment.
3. Make sure to get it in writing. Do not sign anything you do not understand.
4. Ask the creditor to dismiss their own garnishment. This is the easiest option because if they agree, the garnishment stops right away with no court hearing needed. If they won’t dismiss it, go to steps 5 and 6. You will need to go to court for a hearing.
5. File a "motion to quash the garnishment."
6. Attach your payment agreement.

The court will usually stop garnishment if both you and the creditor agree to a different arrangement.

Reality check:

• Some creditors will negotiate, others won't.
• They don't have to agree.
• If they say no, garnishment continues.
• If they say yes, you must keep up with the new payment plan. Don’t agree to pay more than you actually pay.
• If you have an agreement, it must be in writing, with a date and timestamp. Verbal agreements over the phone or in a court hallway do not count.

What if I can't afford rent or food? 

If garnishment is taking so much money that you can't afford basic needs, this is urgent.

You may qualify for exemptions. 

Here are two reasons you may be able to stop it:

• Your pay is low enough that the law already protects you and there may be nothing left for them to take
• Some or all of your income comes from a protected source (like Social Security), which cannot be garnished

Read more: Income Protected from Garnishment (Exemptions)

You can also read more about bankruptcy. If you have multiple debts and garnishment is only one of your problems, bankruptcy might help.

Where can I get free legal help? 

• Free legal help may be available if you can't afford a lawyer: Call 866-LEGLAID (866-534-5243) or visit virginialawhelp.org/get-legal-help to find a legal aid office in your area.

• (If you live outside Virginia, you can also find help through LSC’s find-legal-aid tool or the Senior Legal Hotline Directory.)

• If legal aid cannot help you, look for a lawyer using the National Association of Consumer Advocates search tool. Be sure to ask in advance if there is a charge for the initial consultation.

Things to remember

• Act quickly. Garnishment will likely continue until you stop it.
• Keep copies of everything.
• Go to all court hearings.
• Save your pay stubs and court papers.
• Even if you missed a deadline, you can still protect future paychecks.