Wage Garnishment Lawyer in Richmond
Stop Garnishments & Protect Your Paycheck in English or Spanish
Wage garnishment is a legal procedure in which a creditor, after obtaining a court judgment, directs your employer to withhold a portion of your earnings and forward those funds to the court. The result is a shrinking paycheck that can make it harder to cover rent, groceries, and utilities even as it chips away at your debt. At Flores Law PLLC, we handle wage garnishment defense for Richmond clients: stopping active garnishments, filing exemption claims, recovering garnished wages where available, and unfreezing bank accounts.
We’re admitted to practice before the U.S. Bankruptcy Court for the Eastern District of Virginia, the federal court with jurisdiction over Richmond bankruptcy cases, and we provide full legal services in both English and Spanish. If garnishment has already started, or if you’ve received a notice and want to act before it does, we offer free initial phone consultations to talk through your options.
To schedule your free consultation with a Richmond wage garnishment attorney, contact us online or at (804) 315-0810.
How Much of Your Paycheck Can Be Garnished in Virginia?
Under Va. Code § 34-29, the maximum garnishable amount each pay period is the lesser of two figures: 25% of your disposable earnings, or the amount by which your disposable earnings exceed 40 times the greater of the federal or Virginia minimum hourly wage. Virginia’s minimum wage of $12.77 per hour (effective January 1, 2026) is higher than the federal $7.25 rate, so Virginia’s figure controls the calculation here.
“Disposable earnings” means wages remaining after legally required deductions have been taken out:
- Federal income tax withholding
- Social Security and Medicare (FICA) deductions
- State and local income tax withholding
Voluntary deductions such as 401(k) contributions or health insurance premiums do not reduce your disposable earnings figure for garnishment purposes. Using Virginia’s $12.77 floor, the per-period thresholds for ordinary consumer debt are as follows. We encourage you to verify these figures against current DOLI guidance before relying on them, as minimum wage rates can change:
- Weekly pay period: No wages may be garnished if your weekly disposable earnings total $510.80 (40 x $12.77) or less. Above that threshold, up to 25% of your disposable earnings can be withheld.
- Bi-weekly pay period: No garnishment applies if your bi-weekly disposable earnings are $1,021.60 (40 x $12.77 x 2) or less. Above that amount, up to 25% is subject to garnishment.
- Semi-monthly pay period: If your semi-monthly disposable earnings are $1,107.40 (40 x $12.77 x 2.16665) or less, none can be garnished. Above that figure, up to 25% may be withheld.
- Monthly pay period: Your monthly disposable earnings must exceed $2,214.80 (40 x $12.77 x 4.3333) before any garnishment can occur. Above that amount, up to 25% is subject to garnishment.
Child support and spousal support obligations follow different rules and can result in higher withholding percentages than those shown above.
Court Procedures & Attorney Backgrounds That Matter in Richmond
Wage garnishment cases in Richmond move through two systems. The judgment phase, where a creditor sues and wins the right to collect, runs through Virginia general district courts. When a debtor files for bankruptcy to halt that collection, the case shifts to the U.S. Bankruptcy Court for the Eastern District of Virginia. We are admitted before both courts, as well as the Virginia State Bar and the U.S. District Court for the Eastern District of Virginia.
Our attorneys bring backgrounds that directly apply to garnishment defense. Attorney Stephen L. Flores worked as a deputy clerk in the D.C. Court system before founding the firm, giving him direct familiarity with how court filings and garnishment orders are processed from the inside. Attorney Joseph R. Patrell’s professional experience in investment, banking, and small-business ownership means we can evaluate a client’s full financial picture, not just the immediate garnishment, before recommending a course of action.
Why Richmond Clients Work With Us
Calls to our office are returned by a legal professional with a personal stake in your outcome. We don’t route clients through layers of support staff to reach an answer. Because we operate as a small firm, our attorneys learn the specific circumstances of each client rather than treating cases as interchangeable.
Full legal services are available in both English and Spanish. We’re the only bankruptcy practice in Richmond providing services through a native Spanish-speaking attorney, which means Richmond’s Spanish-speaking community gets complete legal representation without a language barrier. Whether your garnishment involves a credit card judgment, medical debt, or a tax arrearage, a free initial phone consultation is your first step toward understanding what options are available to you. Call us at (804) 315-0810 or reach out online to get started.
"He's the best professional I've seen, everything went perfect in our process thanks to Flores team. I'm definitely asking them for help if any legal representation is needed in the future."
- Jerry R.