{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/34-29.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/34-29.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/34-29.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/34-29.html"}],"law_id":85697,"edition_id":1,"section_id":85697,"structure_id":16101,"section_number":"34-29","catch_line":"Maximum portion of disposable earnings subject to garnishment","history":"Code 1919, \u00a7 6555; 1928, p. 348; 1938, p. 574; 1948, p. 489; 1952, c. 432; 1954, cc. 143, 379; 1958, cc. 217, 417; 1960, c. 498; 1970, c. 428; 1978, c. 564; 1992, c. 674; 1996, c. 330; 2005, c. 286; 2021, Sp. Sess. I, c. 8.","full_text":"a\n\nExcept as provided in subsections (b) and (b1), the maximum part of the aggregate disposable earnings of an individual for any workweek that is subjected to garnishment may not exceed the lesser of the following amounts:1\n\nTwenty-five percent of his disposable earnings for that week; or2\n\nThe amount by which his disposable earnings for that week exceed 40 times the federal minimum hourly wage prescribed by 29 U.S.C. &#xA7; 206(a)(1) or the Virginia minimum hourly wage prescribed by &#xA7; 40.1-28.10, whichever is greater, in effect at the time earnings are payable.\n\t\t\t\tIn the case of earnings for any pay period other than a week, the State Commissioner of Labor and Industry shall by regulation prescribe a multiple of the federal or Virginia minimum hourly wage equivalent in effect to that set forth in this section.b\n\nThe restrictions of subsection (a) do not apply in the case of:1\n\nAny order for the support of any person issued by a court of competent jurisdiction or in accordance with an administrative procedure that is established by state law, affords substantial due process, and is subject to judicial review.2\n\nAny order of any court of bankruptcy under Chapter XIII of the Bankruptcy Act.3\n\nAny debt due for any state or federal tax.b1\n\nThe maximum part of the aggregate disposable earnings of an individual for any workweek that is subject to garnishment to enforce any order for the support of any person shall not exceed:1\n\nSixty percent of such individual&#8217;s disposable earnings for that week; or2\n\nIf such individual is supporting a spouse or dependent child other than the spouse or child with respect to whose support such order was issued, 50 percent of such individual&#8217;s disposable earnings for that week.\n\t\t\t\tThe 50 percent specified in subdivision (2) shall be 55 percent and the 60 percent specified in subdivision (1) shall be 65 percent if and to the extent that such earnings are subject to garnishment to enforce an order for support for a period that is more than 12 weeks prior to the beginning of such workweek.c\n\nNo court of the Commonwealth and no state agency or officer may make, execute, or enforce any order or process in violation of this section.\n\t\t\tThe exemptions allowed herein shall be granted to any person so entitled without any further proceedings.d\n\nFor the purposes of this section:1\n\nThe term &#8220;earnings&#8221; means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, payments to an independent contractor, or otherwise, whether paid directly to the individual or deposited with another entity or person on behalf of and traceable to the individual, and includes periodic payments pursuant to a pension or retirement program,2\n\nThe term &#8220;disposable earnings&#8221; means that part of the earnings of any individual remaining after the deduction from those earnings of any amounts required by law to be withheld, and3\n\nThe term &#8220;garnishment&#8221; means any legal or equitable procedure through which the earnings of any individual are required to be withheld for payment of any debt.e\n\nEvery assignment, sale, transfer, pledge, or mortgage of the wages or salary of an individual that is exempted by this section, to the extent of the exemption provided by this section, shall be void and unenforceable by any process of law.f\n\nNo employer may discharge any employee by reason of the fact that his earnings have been subjected to garnishment for any one indebtedness.g\n\nA depository wherein earnings have been deposited on behalf of and traceable to an individual shall not be required to determine the portion of such earnings that are subject to garnishment.","order_by":null,"text":{"0":{"id":306957,"text":"Except as provided in subsections (b) and (b1), the maximum part of the aggregate disposable earnings of an individual for any workweek that is subjected to garnishment may not exceed the lesser of the following amounts:","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"next_prefix":"a1"},"1":{"id":306958,"text":"Twenty-five percent of his disposable earnings for that week; or","type":"section","prefixes":["a","1"],"prefix":"1","entire_prefix":"a1","prefix_anchor":"a1","level":2,"prior_prefix":"a","next_prefix":"a2"},"2":{"id":306959,"text":"The amount by which his disposable earnings for that week exceed 40 times the federal minimum hourly wage prescribed by 29 U.S.C. &#xA7; 206(a)(1) or the Virginia minimum hourly wage prescribed by &#xA7; 40.1-28.10, whichever is greater, in effect at the time earnings are payable.\n\t\t\t\tIn the case of earnings for any pay period other than a week, the State Commissioner of Labor and Industry shall by regulation prescribe a multiple of the federal or Virginia minimum hourly wage equivalent in effect to that set forth in this section.","type":"section","prefixes":["a","2"],"prefix":"2","entire_prefix":"a2","prefix_anchor":"a2","level":2,"prior_prefix":"a1","next_prefix":"b"},"3":{"id":306960,"text":"The restrictions of subsection (a) do not apply in the case of:","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"a2","next_prefix":"b1"},"4":{"id":306961,"text":"Any order for the support of any person issued by a court of competent jurisdiction or in accordance with an administrative procedure that is established by state law, affords substantial due process, and is subject to judicial review.","type":"section","prefixes":["b","1"],"prefix":"1","entire_prefix":"b1","prefix_anchor":"b1","level":2,"prior_prefix":"b","next_prefix":"b2"},"5":{"id":306962,"text":"Any order of any court of bankruptcy under Chapter XIII of the Bankruptcy Act.","type":"section","prefixes":["b","2"],"prefix":"2","entire_prefix":"b2","prefix_anchor":"b2","level":2,"prior_prefix":"b1","next_prefix":"b3"},"6":{"id":306963,"text":"Any debt due for any state or federal tax.","type":"section","prefixes":["b","3"],"prefix":"3","entire_prefix":"b3","prefix_anchor":"b3","level":2,"prior_prefix":"b2","next_prefix":"b3b1"},"7":{"id":306964,"text":"The maximum part of the aggregate disposable earnings of an individual for any workweek that is subject to garnishment to enforce any order for the support of any person shall not exceed:","type":"section","prefixes":["b","3","b1"],"prefix":"b1","entire_prefix":"b3b1","prefix_anchor":"b3b1","level":3,"prior_prefix":"b3","next_prefix":"b1"},"8":{"id":306965,"text":"Sixty percent of such individual&#8217;s disposable earnings for that week; or","type":"section","prefixes":["b","1"],"prefix":"1","entire_prefix":"b1","prefix_anchor":"b1","level":2,"prior_prefix":"b3b1","next_prefix":"b2"},"9":{"id":306966,"text":"If such individual is supporting a spouse or dependent child other than the spouse or child with respect to whose support such order was issued, 50 percent of such individual&#8217;s disposable earnings for that week.\n\t\t\t\tThe 50 percent specified in subdivision (2) shall be 55 percent and the 60 percent specified in subdivision (1) shall be 65 percent if and to the extent that such earnings are subject to garnishment to enforce an order for support for a period that is more than 12 weeks prior to the beginning of such workweek.","type":"section","prefixes":["b","2"],"prefix":"2","entire_prefix":"b2","prefix_anchor":"b2","level":2,"prior_prefix":"b1","next_prefix":"c"},"10":{"id":306967,"text":"No court of the Commonwealth and no state agency or officer may make, execute, or enforce any order or process in violation of this section.\n\t\t\tThe exemptions allowed herein shall be granted to any person so entitled without any further proceedings.","type":"section","prefixes":["c"],"prefix":"c","entire_prefix":"c","prefix_anchor":"c","level":1,"prior_prefix":"b2","next_prefix":"d"},"11":{"id":306968,"text":"For the purposes of this section:","type":"section","prefixes":["d"],"prefix":"d","entire_prefix":"d","prefix_anchor":"d","level":1,"prior_prefix":"c","next_prefix":"d1"},"12":{"id":306969,"text":"The term &#8220;earnings&#8221; means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, payments to an independent contractor, or otherwise, whether paid directly to the individual or deposited with another entity or person on behalf of and traceable to the individual, and includes periodic payments pursuant to a pension or retirement program,","type":"section","prefixes":["d","1"],"prefix":"1","entire_prefix":"d1","prefix_anchor":"d1","level":2,"prior_prefix":"d","next_prefix":"d2"},"13":{"id":306970,"text":"The term &#8220;disposable earnings&#8221; means that part of the earnings of any individual remaining after the deduction from those earnings of any amounts required by law to be withheld, and","type":"section","prefixes":["d","2"],"prefix":"2","entire_prefix":"d2","prefix_anchor":"d2","level":2,"prior_prefix":"d1","next_prefix":"d3"},"14":{"id":306971,"text":"The term &#8220;garnishment&#8221; means any legal or equitable procedure through which the earnings of any individual are required to be withheld for payment of any debt.","type":"section","prefixes":["d","3"],"prefix":"3","entire_prefix":"d3","prefix_anchor":"d3","level":2,"prior_prefix":"d2","next_prefix":"e"},"15":{"id":306972,"text":"Every assignment, sale, transfer, pledge, or mortgage of the wages or salary of an individual that is exempted by this section, to the extent of the exemption provided by this section, shall be void and unenforceable by any process of law.","type":"section","prefixes":["e"],"prefix":"e","entire_prefix":"e","prefix_anchor":"e","level":1,"prior_prefix":"d3","next_prefix":"f"},"16":{"id":306973,"text":"No employer may discharge any employee by reason of the fact that his earnings have been subjected to garnishment for any one indebtedness.","type":"section","prefixes":["f"],"prefix":"f","entire_prefix":"f","prefix_anchor":"f","level":1,"prior_prefix":"e","next_prefix":"g"},"17":{"id":306974,"text":"A depository wherein earnings have been deposited on behalf of and traceable to an individual shall not be required to determine the portion of such earnings that are subject to garnishment.","type":"section","prefixes":["g"],"prefix":"g","entire_prefix":"g","prefix_anchor":"g","level":1,"prior_prefix":"f"}},"ancestry":[{"id":16101,"edition_id":1,"name":"Wages Exempt","identifier":"4","label":"chapter","depth":2,"order_by":1,"parent_id":13371,"metadata":{},"date_created":"2026-06-26 04:06:01","date_modified":"2026-06-26 04:06:01","permalink":{"id":208091,"object_type":"structure","relational_id":16101,"identifier":"4","token":"34\/4","url":"\/34\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13371,"edition_id":1,"name":"Homestead and Other Exemptions","identifier":"34","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:43","date_modified":"2026-06-26 03:44:43","permalink":{"id":207959,"object_type":"structure","relational_id":13371,"identifier":"34","token":"34","url":"\/34\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":85697,"structure_id":16101,"section_number":"34-29","catch_line":"Maximum portion of disposable earnings subject to garnishment","url":"\/34-29\/","token":"34\/4\/34-29","metadata":false},{"id":63547,"structure_id":16101,"section_number":"34-30","catch_line":"Repealed","url":"\/34-30\/","token":"34\/4\/34-30","metadata":false},{"id":71451,"structure_id":16101,"section_number":"34-31","catch_line":"Revocation of such exemption","url":"\/34-31\/","token":"34\/4\/34-31","metadata":false},{"id":85360,"structure_id":16101,"section_number":"34-32","catch_line":"Illegal to garnish such exempt wages out of Commonwealth, etc","url":"\/34-32\/","token":"34\/4\/34-32","metadata":false},{"id":80583,"structure_id":16101,"section_number":"34-33","catch_line":"Exemption of wages of minor from garnishment process","url":"\/34-33\/","token":"34\/4\/34-33","metadata":false},{"id":71731,"structure_id":16101,"section_number":"34-34","catch_line":"Certain retirement benefits exempt","url":"\/34-34\/","token":"34\/4\/34-34","metadata":false}],"next_section":{"id":63547,"structure_id":16101,"section_number":"34-30","catch_line":"Repealed","url":"\/34-30\/","token":"34\/4\/34-30","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/34-29\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 9 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1952, chapter 432; in 1954, chapters 143 and 379; in 1958, chapters 217 and 417; in 1960, chapter 498; in 1970, chapter 428; in 1978, chapter 564; in 1992, chapter 674; in 1996, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?961+ful+CHAP0330\">330<\/a>; in 2005, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0286\">286<\/a>.<\/p>","references":[{"id":58663,"section_number":"20-79.2","catch_line":"Immediate income deduction; income withholding","order_by":null,"url":"\/20-79.2\/"},{"id":77212,"section_number":"20-79.3","catch_line":"Information required in income deduction order","order_by":null,"url":"\/20-79.3\/"},{"id":72684,"section_number":"34-13","catch_line":"Householder may set apart exemption in personal estate","order_by":null,"url":"\/34-13\/"},{"id":84733,"section_number":"34-2","catch_line":"Injunction restraining sale of exempted property or garnishment of wages","order_by":null,"url":"\/34-2\/"},{"id":82632,"section_number":"34-22","catch_line":"Waiver of exemption; its effect; form of waiver","order_by":null,"url":"\/34-22\/"},{"id":61738,"section_number":"34-3","catch_line":"Articles not exempt from taxes or levies or for their purchase price","order_by":null,"url":"\/34-3\/"},{"id":85360,"section_number":"34-32","catch_line":"Illegal to garnish such exempt wages out of Commonwealth, etc","order_by":null,"url":"\/34-32\/"},{"id":86197,"section_number":"34-4","catch_line":"Exemption created","order_by":null,"url":"\/34-4\/"},{"id":54345,"section_number":"34-4.1","catch_line":"Additional exemption for certain veterans","order_by":null,"url":"\/34-4.1\/"},{"id":86973,"section_number":"34-4.2","catch_line":"Additional exemption for parents of dependent children","order_by":null,"url":"\/34-4.2\/"},{"id":67989,"section_number":"40.1-32","catch_line":"Partial assignments invalid","order_by":null,"url":"\/40.1-32\/"},{"id":79080,"section_number":"63.2-1925","catch_line":"Certain amount of income that may be withheld by lien or order","order_by":null,"url":"\/63.2-1925\/"},{"id":75403,"section_number":"8.01-512.3","catch_line":"Form of garnishment summons","order_by":null,"url":"\/8.01-512.3\/"},{"id":68014,"section_number":"8.01-512.4","catch_line":"Notice of exemptions from garnishment and lien","order_by":null,"url":"\/8.01-512.4\/"},{"id":71389,"section_number":"8.01-515","catch_line":"How garnishee examined; determining exemption from employee's withholding certificate; amount due pursuant to exemptions in \u00a7 34-29 (a)","order_by":null,"url":"\/8.01-515\/"},{"id":70063,"section_number":"8.01-517","catch_line":"Exemption of portion of wages; payment of excess into court","order_by":null,"url":"\/8.01-517\/"}],"refers_to":[{"id":63013,"section_number":"40.1-28.10","catch_line":"Minimum wages","order_by":null,"url":"\/40.1-28.10\/"}],"permalink":{"id":208093,"object_type":"law","relational_id":85697,"identifier":"34-29","token":"34\/4\/34-29","url":"\/34-29\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/34-29\/","token":"34\/4\/34-29","dublin_core":{"Title":"Maximum portion of disposable earnings subject to garnishment","Type":"Text","Format":"text\/html","Identifier":"\u00a7 34-29","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"a\"><p><span class=\"prefix-number\">a.<\/span> Except as provided in subsections (b) and (b1), the maximum part of the aggregate <span class=\"dictionary\">disposable earnings<\/span> of an individual for any workweek that is subjected to <span class=\"dictionary\">garnishment<\/span> may not exceed the lesser of the following amounts: <a id=\"paragraph-306957\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/34-29\/#a\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"a1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> Twenty-five percent of his <span class=\"dictionary\">disposable earnings<\/span> for that week; or <a id=\"paragraph-306958\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/34-29\/#a1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"a2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> The amount by which his <span class=\"dictionary\">disposable earnings<\/span> for that week exceed 40 times the federal minimum hourly wage prescribed by 29 U.S.C. &#xA7; 206(a)(1) or the Virginia minimum hourly wage prescribed by &#xA7; <a class=\"law\" title=\"Minimum wages\" href=\"\/40.1-28.10\/\">40.1-28.10<\/a>, whichever is greater, in effect at the time earnings are payable.\n\t\t\t\tIn the case of earnings for any pay period other than a week, the State Commissioner of Labor and Industry shall by regulation prescribe a multiple of the federal or Virginia minimum hourly wage equivalent in effect to that set forth in this section. <a id=\"paragraph-306959\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/34-29\/#a2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"b\"><p><span class=\"prefix-number\">b.<\/span> The restrictions of subsection (a) do not apply in the case of: <a id=\"paragraph-306960\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/34-29\/#b\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"b1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> Any <span class=\"dictionary\">order<\/span> for the support of any person issued by a <span class=\"dictionary\">court<\/span> of competent <span class=\"dictionary\">jurisdiction<\/span> or in accordance with an administrative procedure that is established by state <span class=\"dictionary\">law<\/span>, affords substantial <span class=\"dictionary\">due process<\/span>, and is subject to judicial review. <a id=\"paragraph-306961\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/34-29\/#b1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"b2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> Any <span class=\"dictionary\">order<\/span> of any <span class=\"dictionary\">court<\/span> of <span class=\"dictionary\">bankruptcy<\/span> under Chapter XIII of the <span class=\"dictionary\">Bankruptcy<\/span> Act. <a id=\"paragraph-306962\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/34-29\/#b2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"b3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> Any <span class=\"dictionary\">debt<\/span> due for any state or federal tax. <a id=\"paragraph-306963\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/34-29\/#b3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"b3b1\" class=\"indent-2\"><p><span class=\"prefix-number\">b1.<\/span> The maximum part of the aggregate <span class=\"dictionary\">disposable earnings<\/span> of an individual for any workweek that is subject to <span class=\"dictionary\">garnishment<\/span> to enforce any <span class=\"dictionary\">order<\/span> for the support of any person shall not exceed: <a id=\"paragraph-306964\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/34-29\/#b3b1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"b1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> Sixty percent of such individual&#8217;s <span class=\"dictionary\">disposable earnings<\/span> for that week; or <a id=\"paragraph-306965\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/34-29\/#b1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"b2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> If such individual is supporting a spouse or dependent child other than the spouse or child with respect to whose support such <span class=\"dictionary\">order<\/span> was issued, 50 percent of such individual&#8217;s <span class=\"dictionary\">disposable earnings<\/span> for that week.\n\t\t\t\tThe 50 percent specified in subdivision (2) shall be 55 percent and the 60 percent specified in subdivision (1) shall be 65 percent if and to the extent that such earnings are subject to <span class=\"dictionary\">garnishment<\/span> to enforce an <span class=\"dictionary\">order<\/span> for support for a period that is more than 12 weeks prior to the beginning of such workweek. <a id=\"paragraph-306966\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/34-29\/#b2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"c\"><p><span class=\"prefix-number\">c.<\/span> No <span class=\"dictionary\">court<\/span> of the Commonwealth and no state agency or officer may make, execute, or enforce any <span class=\"dictionary\">order<\/span> or process in violation of this section.\n\t\t\tThe <span class=\"dictionary\">exemptions<\/span> allowed herein shall be granted to any person so entitled without any further proceedings. <a id=\"paragraph-306967\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/34-29\/#c\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"d\"><p><span class=\"prefix-number\">d.<\/span> For the purposes of this section: <a id=\"paragraph-306968\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/34-29\/#d\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"d1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> The term &#8220;earnings&#8221; means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, payments to an independent contractor, or otherwise, whether paid directly to the individual or deposited with another entity or person on behalf of and traceable to the individual, and includes periodic payments pursuant to a pension or retirement program, <a id=\"paragraph-306969\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/34-29\/#d1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"d2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> The term &#8220;<span class=\"dictionary\">disposable earnings<\/span>&#8221; means that part of the earnings of any individual remaining after the deduction from those earnings of any amounts required by <span class=\"dictionary\">law<\/span> to be withheld, and <a id=\"paragraph-306970\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/34-29\/#d2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"d3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> The term &#8220;<span class=\"dictionary\">garnishment<\/span>&#8221; means any legal or <span class=\"dictionary\">equitable<\/span> procedure through which the earnings of any individual are required to be withheld for payment of any <span class=\"dictionary\">debt<\/span>. <a id=\"paragraph-306971\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/34-29\/#d3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"e\"><p><span class=\"prefix-number\">e.<\/span> Every assignment, sale, transfer, pledge, or mortgage of the wages or salary of an individual that is exempted by this section, to the extent of the <span class=\"dictionary\">exemption<\/span> provided by this section, shall be void and unenforceable by any process of <span class=\"dictionary\">law<\/span>. <a id=\"paragraph-306972\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/34-29\/#e\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"f\"><p><span class=\"prefix-number\">f.<\/span> No employer may discharge any employee by reason of the <span class=\"dictionary\">fact<\/span> that his earnings have been subjected to <span class=\"dictionary\">garnishment<\/span> for any one indebtedness. <a id=\"paragraph-306973\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/34-29\/#f\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"g\"><p><span class=\"prefix-number\">g.<\/span> A depository wherein earnings have been deposited on behalf of and traceable to an individual shall not be required to determine the portion of such earnings that are subject to <span class=\"dictionary\">garnishment<\/span>. <a id=\"paragraph-306974\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/34-29\/#g\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nMAXIMUM PORTION OF DISPOSABLE EARNINGS SUBJECT TO GARNISHMENT (\u00a7 34-29)\n\na. Except as provided in subsections (b) and (b1), the maximum part of the\naggregate disposable earnings of an individual for any workweek that is\nsubjected to garnishment may not exceed the lesser of the following amounts:\n\n   1. Twenty-five percent of his disposable earnings for that week; or\n\n   2. The amount by which his disposable earnings for that week exceed 40 times\n   the federal minimum hourly wage prescribed by 29 U.S.C. &#xA7; 206(a)(1) or\n   the Virginia minimum hourly wage prescribed by &#xA7; 40.1-28.10, whichever is\n   greater, in effect at the time earnings are payable.\n   \t\t\t\tIn the case of earnings for any pay period other than a week, the State\n   Commissioner of Labor and Industry shall by regulation prescribe a multiple of\n   the federal or Virginia minimum hourly wage equivalent in effect to that set\n   forth in this section.\n\nb. The restrictions of subsection (a) do not apply in the case of:\n\n   1. Any order for the support of any person issued by a court of competent\n   jurisdiction or in accordance with an administrative procedure that is\n   established by state law, affords substantial due process, and is subject to\n   judicial review.\n\n   2. Any order of any court of bankruptcy under Chapter XIII of the Bankruptcy\n   Act.\n\n   3. Any debt due for any state or federal tax.\n\n      b1. The maximum part of the aggregate disposable earnings of an individual\n      for any workweek that is subject to garnishment to enforce any order for the\n      support of any person shall not exceed:\n\n   1. Sixty percent of such individual&#8217;s disposable earnings for that week;\n   or\n\n   2. If such individual is supporting a spouse or dependent child other than the\n   spouse or child with respect to whose support such order was issued, 50\n   percent of such individual&#8217;s disposable earnings for that week.\n   \t\t\t\tThe 50 percent specified in subdivision (2) shall be 55 percent and the 60\n   percent specified in subdivision (1) shall be 65 percent if and to the extent\n   that such earnings are subject to garnishment to enforce an order for support\n   for a period that is more than 12 weeks prior to the beginning of such\n   workweek.\n\nc. No court of the Commonwealth and no state agency or officer may make,\nexecute, or enforce any order or process in violation of this section.\n\t\t\tThe exemptions allowed herein shall be granted to any person so entitled\nwithout any further proceedings.\n\nd. For the purposes of this section:\n\n   1. The term &#8220;earnings&#8221; means compensation paid or payable for\n   personal services, whether denominated as wages, salary, commission, bonus,\n   payments to an independent contractor, or otherwise, whether paid directly to\n   the individual or deposited with another entity or person on behalf of and\n   traceable to the individual, and includes periodic payments pursuant to a\n   pension or retirement program,\n\n   2. The term &#8220;disposable earnings&#8221; means that part of the earnings\n   of any individual remaining after the deduction from those earnings of any\n   amounts required by law to be withheld, and\n\n   3. The term &#8220;garnishment&#8221; means any legal or equitable procedure\n   through which the earnings of any individual are required to be withheld for\n   payment of any debt.\n\ne. Every assignment, sale, transfer, pledge, or mortgage of the wages or salary\nof an individual that is exempted by this section, to the extent of the\nexemption provided by this section, shall be void and unenforceable by any\nprocess of law.\n\nf. No employer may discharge any employee by reason of the fact that his\nearnings have been subjected to garnishment for any one indebtedness.\n\ng. A depository wherein earnings have been deposited on behalf of and traceable\nto an individual shall not be required to determine the portion of such earnings\nthat are subject to garnishment.\n\nHISTORY: Code 1919, \u00a7 6555; 1928, p. 348; 1938, p. 574; 1948, p. 489; 1952, c.\n432; 1954, cc. 143, 379; 1958, cc. 217, 417; 1960, c. 498; 1970, c. 428; 1978,\nc. 564; 1992, c. 674; 1996, c. 330; 2005, c. 286; 2021, Sp. Sess. I, c. 8.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}