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§ 8.01-525.6.Petition for assignment of salary, wages, or income for the benefit of creditors.

Chapter 18.1. Assignments for Benefit of Creditors · Article 2. Assignment of Salary, Wages, or Income · Last amended 2019 · Last verified July 16, 2026

In one sentenceA debtor who owes multiple creditors can petition a judge to appoint a trustee to collect his salary, wages, or income and pay it out to creditors under court supervision, but only if a majority of those creditors and, when he draws a paycheck, his employer consent in writing.

Full Text of § 8.01-525.6

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Upon petition of a debtor for the assignment of his salary, wages, or income to a trustee for the benefit of his creditors, a judge may appoint a trustee, subject to the supervision and order of the court, to receive such salary, wages, or income of such debtor and pay off the obligations due by such debtor as provided in this article, provided that a majority of the creditors have provided written consent of such assignment to the court. If the debtor is employed on a salary or for wages, the written consent of his employer is required.

Plain-English Summary

A debtor who owes multiple creditors and wants out from under separate collection actions can ask a judge to appoint a trustee over his salary, wages, or income. Instead of each creditor chasing him individually through garnishment or lawsuits, the trustee steps in, collects what the debtor earns, and pays it out under the court’s supervision according to the plan set out in this article.

The judge cannot appoint a trustee on the debtor’s request alone. A majority of the creditors named in the petition must give written consent to the arrangement, and if the debtor earns a salary or wages from an employer, that employer must consent in writing too, since the whole plan depends on the employer routing pay to the trustee instead of the debtor.

This consent requirement makes the mechanism cooperative rather than coercive: it works because enough creditors would rather receive steady, supervised payments than fight over what little the debtor has. For a debtor struggling under debt but still earning a paycheck, it offers a middle path between piecemeal settlements and bankruptcy.

Frequently Asked Questions

Who can file a petition under this section?

A debtor who wants his salary, wages, or income assigned to a trustee for the benefit of his creditors.

What must accompany the petition before the court can appoint a trustee?

Written consent of a majority of the creditors must be provided to the court.

Does the debtor’s employer have to agree to the arrangement?

Yes. If the debtor is employed on a salary or for wages, the written consent of his employer is required.

What does the trustee do once appointed?

He receives the debtor’s salary, wages, or income and pays off the obligations owed by the debtor as the article provides, subject to the court’s supervision and order.

Does the court keep any oversight after appointing a trustee?

Yes. The trustee is appointed “subject to the supervision and order of the court.”

Amendment History

1936, p. 523; Michie Code 1942, § 5278e; Code 1950, § 55-161; 2005, c. 839; 2019, c. 712.

Source & verification. Section text and amendment history are reproduced verbatim from the Code of Virginia, published by the Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026. · Official source
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