In Virginia, a creditor with a court judgment generally cannot garnish more than the lesser of 25% of your disposable (after-mandatory-deduction) earnings for the week or the amount by which your weekly disposable earnings exceed 30 times the federal minimum hourly wage. This is set by Virginia Code § 34-29, which mirrors the federal cap under Title III of the Consumer Credit Protection Act. The crucial Virginia-specific detail: § 34-29 ties the protected floor to the federal minimum wage of $7.25 per hour, not Virginia's higher state minimum wage. That means the first $217.50 of weekly disposable earnings (30 × $7.25) is shielded from an ordinary-debt garnishment, even though Virginia's own minimum wage is considerably higher. Virginia did not raise this garnishment floor to track its state minimum wage, so workers earning Virginia's minimum still only get the lower federal-based protection here.
How Virginia's 25% / 30x rule actually works
Two numbers are compared each pay period, and the creditor may take only the smaller of the two:
- The percentage cap: 25% of your disposable earnings for that workweek.
- The floor cap: everything above 30 times the federal minimum wage. As of 2026 the federal minimum wage is $7.25/hour, so 30 × $7.25 = $217.50 per week is protected. The federal rate has not changed in years, but you should confirm the current federal minimum wage with the U.S. Department of Labor before relying on the exact figure, because the math changes if Congress raises it.
"Disposable earnings" means what is left after legally required deductions such as federal and state taxes, Social Security, and Medicare. It does not mean take-home pay after voluntary deductions like health insurance, retirement contributions, or union dues. Those voluntary amounts are still counted as part of your disposable earnings for garnishment math.
A quick example: if your weekly disposable earnings are $600, the 25% cap is $150, and the amount above $217.50 is $382.50. The creditor takes the lesser figure, $150. If your weekly disposable earnings are $260, the 25% cap is $65, but the amount above $217.50 is only $42.50, so the creditor can take just $42.50. If your weekly disposable earnings are $217.50 or less, nothing can be garnished for an ordinary debt.
Virginia is not a garnishment-free state
A handful of states (such as Texas, Pennsylvania, North Carolina, and South Carolina) prohibit wage garnishment for most ordinary consumer debts. Virginia is not one of them. A judgment creditor in Virginia can garnish wages within the § 34-29 limits described above. So while Virginia gives you the same percentage protection as the federal baseline, it does not offer the near-total wage shield that a few other states provide for credit cards, medical bills, and similar debts.
Higher limits for support, taxes, and student loans
The 25% cap applies to ordinary debts. Several categories allow more to be taken:
- Child and spousal support: Under § 34-29 and federal law, up to 50% of disposable earnings can be withheld if you support another spouse or child, and up to 60% if you do not. An additional 5% may be taken when support payments are more than 12 weeks in arrears.
- Unpaid taxes: The IRS and the Virginia Department of Taxation use their own formulas and are not bound by the 25% cap.
- Defaulted federal student loans: These can be administratively garnished up to 15% of disposable pay without a court judgment.
What income and property is exempt in Virginia
Beyond the percentage cap, several types of income are fully protected from garnishment regardless of the 25% math. Under Virginia and federal law these commonly include:
- Social Security, SSI, and most federal benefits
- Veterans' benefits and most disability payments
- Unemployment compensation (Va. Code § 60.2-600)
- Workers' compensation benefits (Va. Code § 65.2-531)
- Public assistance and TANF benefits
- Child support you receive for a child
Virginia also has a homestead exemption under Va. Code § 34-4 that lets a debtor protect a certain dollar value of property, including funds, by recording a homestead deed. The base exemption is modest (with additional amounts available for dependents, and larger protections for disabled veterans and certain others), and the exact dollar figures are periodically updated, so verify the current amounts before relying on them. The homestead exemption can be applied to garnished wages, but generally only if you record the homestead deed properly and on time, which often must happen before or shortly after the garnishment hearing date.