12102491D
HOUSE BILL NO. 993
Offered January 11, 2012
Prefiled January 11, 2012
A BILL to amend and reenact §§8.01-512.4 and 34-4 of the Code
of Virginia, relating to homestead exemption.
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Patron-- Robinson (By Request)
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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
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).
. . . . 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 $25,000, 20 percent of the
property's tax-assessed value, or $10,000 40 percent of the property's
tax-assessed value 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) (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 or
personal property, or either, to be selected
by that the
householder, including money and debts due or a dependent of the
householder, claims as a homestead
not exceeding $5,000 (i) $25,000
in value, (ii) 20 percent
of the property tax value as assessed by the jurisdiction
where the property is located, or, (iii) 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 40 percent of the property
tax value as assessed by the jurisdiction where the property is located.
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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