                                 CODE OF VIRGINIA

MAXIMUM PORTION OF DISPOSABLE EARNINGS SUBJECT TO GARNISHMENT (§ 34-29)

a. 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:

   1. Twenty-five percent of his disposable earnings for that week; or

   2. 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.
   				In 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. The restrictions of subsection (a) do not apply in the case of:

   1. 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.

   2. Any order of any court of bankruptcy under Chapter XIII of the Bankruptcy
   Act.

   3. Any debt due for any state or federal tax.

      b1. 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:

   1. Sixty percent of such individual&#8217;s disposable earnings for that week;
   or

   2. 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.
   				The 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. 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.
			The exemptions allowed herein shall be granted to any person so entitled
without any further proceedings.

d. For the purposes of this section:

   1. 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,

   2. 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

   3. 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.

e. 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.

f. No employer may discharge any employee by reason of the fact that his
earnings have been subjected to garnishment for any one indebtedness.

g. 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.

HISTORY: Code 1919, § 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.