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Virginia law, April 2026

Owe back local taxes? Treasurers can take at most 25% of your pay

Carried by

No photo on file, so initials stand in.

  • 250% of the poverty guideline, the adjusted-gross-income limit for the cap

Working now. In effect since July 2026.

What it means for you

Since July 1, 2026, a Virginia local tax collector can take no more than 25% of pay after legally required deductions for overdue taxes or charges if your latest adjusted gross income is within 250% of the poverty guideline for your household size.

Who benefits: Virginians subject to a wage lien for overdue local taxes or charges whose latest reported adjusted gross income is at or below 250% of the poverty guideline for their household size.

If you fall behind on local taxes or charges in Virginia, your local treasurer or tax collector can put a lien on your wages, which means your employer sends part of each paycheck to the collector. Wage-garnishment rules for regular debts didn’t cover these liens, so before this law a lien could reach all of your disposable earnings—the pay left after taxes and other deductions required by law. Since July 1, 2026, a covered lien can take no more than 25% of your disposable earnings each pay period.

The cap applies if the adjusted gross income reported on your most recent income tax return is no more than 250% of the federal poverty guideline for your household size. The lien issuer checks tax-return information maintained by the state Tax Commissioner. If your income has dropped since that return, you can show the treasurer your current situation, and once the treasurer verifies it, the 25% limit applies. The cap doesn’t apply if a court finds you’re likely to flee or improperly disposing of assets to avoid paying, or if the money owed is tax collected and held for the locality, such as meals or lodging tax.

Del. Phil Hernandez carried the bill in the House, and Sen. Lashrecse Aird carried an identical bill in the Senate. Gov. Abigail Spanberger asked for changes, and both chambers accepted them on April 22, 2026, which made both bills law.

Work and wagesLower costsRights

Sources

  1. HB 1100, 2026 Regular SessionVirginia Legislative Information System, April 22, 2026
  2. Code of Virginia § 58.1-3952, Treasurer's lienVirginia Legislative Information System
  3. 2026 Legislative SummaryVirginia Department of Taxation, July 6, 2026
  4. Virginia Limits Treasurer's Liens Against WagesSands Anderson, July 17, 2026
  5. VA HB1100 (2026) roll calls and historyPolicyRisk
  6. VA SB 597 (2026)Legilist

How we checked this

Drafted by Claude Opus 5.5 (Anthropic) on November 12, 2026. Checked against its sources by GPT-5.6-sol (OpenAI) on November 12, 2026, which corrected it. Confirmed the enacted chapters, sponsors, governor’s approval, effective date, exceptions, and current status. Corrected the statutory income test, definition of disposable earnings, coverage of town tax collectors, and one source date.

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From left: Chi Ossé (D), Bill Stanley (R), and Louise Lucas (D).

From left: Chi Ossé (D), Bill Stanley (R), Louise Lucas (D), Emmett Hanger (R), and Michelle Hinchey (D).

Illustrations from photos.See the photo of Ossé (New York City Council), opens in a new tab© New York City Council, used as a drawing reference.See the photo of Stanley (Office of the Governor of Virginia, via Wikimedia Commons), opens in a new tabCC BY 4.0.See the photo of Lucas (Senate of Virginia), opens in a new tab

Illustrations from photos.See the photo of Ossé (New York City Council), opens in a new tab© New York City Council, used as a drawing reference.See the photo of Stanley (Office of the Governor of Virginia, via Wikimedia Commons), opens in a new tabCC BY 4.0.See the photo of Lucas (Senate of Virginia), opens in a new tabSee the photo of Hanger (Senate of Virginia), opens in a new tab© Senate of Virginia, used as a drawing reference.See the photo of Hinchey (NY Senate, via Wikimedia Commons), opens in a new tabCC BY 2.5.