11101071D
HOUSE BILL NO. 1494
Offered January 12, 2011
Prefiled December 16, 2010
A BILL to amend and reenact §§ 8.01-512.4 and 34-4 of the
Code of Virginia, relating to the homestead exemption.
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Patrons-- Ware, O. and Dance
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Referred to Committee for Courts of Justice
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Be it enacted by the General Assembly of Virginia:
1. That §§ 8.01-512.4 and 34-4 of the Code of
Virginia are amended and reenacted as follows:
§8.01-512.4. Notice of exemptions from garnishment and lien.
No summons in garnishment shall be issued or served, nor shall
any notice of lien be served on a financial institution pursuant to §
8.01-502.1, unless a notice of exemptions and claim for exemption form are
attached. The notice shall contain the following statement:
NOTICE TO JUDGMENT DEBTOR
HOW TO CLAIM EXEMPTIONS FROM GARNISHMENT AND LIEN
The attached Summons in Garnishment or Notice of Lien has been issued on
request of a creditor who holds a judgment against you. The Summons may
cause your property or wages to be held or taken to pay the judgment.
The law provides that certain property and wages cannot be taken in
garnishment. Such property is said to be exempted. A summary of some of the
major exemptions is set forth in the request for hearing form. There is no
exemption solely because you are having difficulty paying your debts.
If you claim an exemption, you should (i) fill out the claim for exemption
form and (ii) deliver or mail the form to the clerk's office of this court.
You have a right to a hearing within seven business days from the date you
file your claim with the court. If the creditor is asking that your wages be
withheld, the method of computing the amount of wages which are exempt from
garnishment by law is indicated on the Summons in Garnishment attached. You
do not need to file a claim for exemption to receive this exemption, but if
you believe the wrong amount is being withheld you may file a claim for
exemption.
On the day of the hearing you should come to court ready to explain why
your property is exempted, and you should bring any documents which may
help you prove your case. If you do not come to court at the designated
time and prove that your property is exempt, you may lose some of your
rights.
It may be helpful to you to seek the advice of an attorney in this matter.
REQUEST FOR HEARING-GARNISHMENT/LIEN EXEMPTION CLAIM
I claim that the exemption(s) from garnishment or lien which are checked
below apply in this case:
MAJOR EXEMPTIONS UNDER FEDERAL AND STATE LAW
. . . . 1. Social Security benefits and Supplemental Security Income (SSI)
(42 U.S.C. §407).
. . . . 2. Veterans' benefits (38 U.S.C. §3101).
. . . . 3. Federal civil service retirement benefits (5 U.S.C. §8346).
. . . . 4. Annuities to survivors of federal judges (28 U.S.C. §376(n)).
. . . . 5. Longshoremen and Harborworkers Longshore and Harbor Workers Compensation Act(33 U.S.C.
§916).
. . . . 6. Black lung benefits.
Exemptions listed under 1 through 6 above may not be applicable in child
support and alimony cases (42 U.S.C. §659).
. . . . 7. Seaman's, master's or fisherman's wages, except for child
support or spousal support and maintenance (46 U.S.C. §1109 11109).
. . . . 8. Unemployment compensation benefits (§60.2-600, Code of
Virginia). This exemption may not be applicable in child support cases
(§60.2-608, Code of Virginia).
. . . . 9. Portions or amounts of wages subject to garnishment (§34-29,
Code of Virginia).
. . . . 10. Public assistance payments (§63.2-506, Code of Virginia).
. . . . 11. Homestead exemption of $5,000 $15,000, or $10,000 if the
debtor is 65 years of age or older, in cash (§34-4, Code of Virginia).
This exemption may not be available in certain cases, such as payment of
rent or services of a laborer or mechanic (§34-5, Code of Virginia).
. . . . 12. Property of disabled veterans - additional $10,000 cash
(§34-4.1, Code of Virginia).
. . . . 13. Workers' Compensation benefits (§65.2-531, Code of Virginia).
. . . . 14. Growing crops (§8.01-489, Code of Virginia).
. . . . 15. Benefits from group life insurance policies (§38.2-3339,
Code of Virginia).
. . . . 16. Proceeds from industrial sick benefits insurance (§38.2-3549,
Code of Virginia).
. . . . 17. Assignments of certain salary and wages (§55-165, Code of
Virginia).
. . . . 18. Benefits for victims of crime (§19.2-368.12, Code of Virginia).
. . . . 19. Preneed funeral trusts (§54.1-2823, Code of Virginia).
. . . . 20. Certain retirement benefits (§34-34, Code of Virginia).
. . . . 21. Child support payments (§20-108.1, Code of Virginia).
. . . . 22. Support for dependent minor children (§34-4.2, Code of
Virginia). To claim this exemption, the debtor shall attach to the claim
for exemption form an affidavit that complies with the requirements of
subsection B of §34-4.2 and two items of proof showing that the debtor
is entitled to this exemption.
. . . . 23. Other (describe exemption): $ ............
I request a court hearing to decide the validity of my claim. Notice of the
hearing should be given me at:
.................... ....................
(address) (telephone no.)
The statements made in this request are true to the best of my knowledge
and belief.
.................... ....................
(date) (date) (signature of judgment debtor)
§34-4. Exemption created.
Every householder shall be entitled, in addition to the
property or estate exempt under §§23-38.81, 34-26, 34-27, 34-29, and
64.1-151.3, to hold exempt from creditor process arising out of a debt, real
and personal property, or either, to be selected by the householder, including
money and debts due the householder not exceeding $5,000 $15,000
in value or, if the householder is 65 years of age or older, not exceeding $10,000 in value. In
addition, upon a showing that a householder supports dependents, the
householder shall be entitled to hold exempt from creditor process real and
personal property, or either, selected by the householder, including money or
monetary obligations or liabilities due the householder, not exceeding $500 in
value for each dependent.
For the purposes of this section, "dependent" means
an individual who derives support primarily from the householder and who does
not have assets sufficient to support himself, but in no case shall an
individual be the dependent of more than one householder.
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