CHAPTER 23
An Act to amend and reenact § 8.01-512.4 of the Code of
Virginia, relating to exemptions from garnishment.
[H 362]
Approved February 28, 2012
.
Be it enacted by the General Assembly of Virginia:
1. That § 8.01-512.4 of the Code of Virginia is
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 5301).
. . . . 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 Longshore and Harborworkers 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, 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 claimed in certain cases, such as
payment of rent or services of a laborer or mechanic spousal or child
support (§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) (signature of judgment debtor)
|
