Garnishments 4-36.2

School Board of the City of Virginia Beach
Regulation 4-36.2

PERSONNEL

Garnishments

1. All employees are expected to discharge their financial obligations promptly so that creditors will not have to ask for the School Division's assistance in collecting amounts owed to them.
2. Whenever the School Division is served with a Writ of Garnishment or Attachment, a Notice of Levy by the Internal Revenue Service or other taxing authority, or any other similar order requiring payment of a portion of an employee's compensation to someone other than the employee, the matter will be referred to the payroll clerk for appropriate action. Failure to act promptly may render the School Division legally liable.
3. In the event that garnishment or similar proceedings are instituted against an employee, the School Division will deduct the required amount from the employee's paycheck. The amount deducted from the employee's disposable earnings will not exceed that permitted by law or regulation.
4. Compliance with writs of garnishments and similar orders imposes an administrative and financial burden on the School Division. In addition, the failure of an employee to meet the employee’s financial obligations does not reflect favorably on the School Division and frequently has an adverse effect on the employee's job performance.
5. Whenever a supervisor has reason to believe that an employee is experiencing financial difficulties, the supervisor shall investigate the situation and, if circumstances require, will refer the employee to the Office of Employee Relations for appropriate counseling.
6. No employee will be terminated by reason of the fact that their earnings have been subject to garnishment for one indebtedness. However, such persons may be liable for disciplinary action. Garnishments for more than one indebtedness may result in termination, depending upon the circumstances of the case, the employee's record of performance, and the recommendation of their supervisor.

Legal Reference

Code of Virginia § 8.01-511, as amended. Institution of garnishment proceedings.

Code of Virginia § 8.01-512.4, as amended. Notice of exemptions from garnishment and lien.

Code of Virginia § 8.01-512.5, as amended. Hearing on claim of exemption from garnishment.

Code of Virginia § 8.01-512.2, as amended. Fee for garnishee - employers.

Code of Virginia § 8.01-517, as amended. Exemption of portion of wages; payment of excess into court.

Code of Virginia § 40.1-28.8, as amended. Virginia Minimum Wage Act.

Virginia Department of Labor and Industry 16VAC15-121, as amended. Maximum Garnishment Amounts.

Approved by Superintendent: January 18, 1994
Revised by Superintendent: August 18, 2021