Virginia HB 790: Homestead exemption; bankruptcy exemptions.

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Bill Tracking - 2020 session > Legislation 

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2020 SESSION

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CHAPTER 328 

An Act to amend and reenact �� 8.01-512.4, 34-4, 34-6, 34-14, 
34-17, and 34-21 of the Code of Virginia, relating to homestead exemption; 
bankruptcy exemptions. 

[H 790] 

Approved March 12, 2020 

Be it enacted by the General Assembly of Virginia:

1. That �� 8.01-512.4, 34-4, 34-6, 34-14, 34-17, and 34-21 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 
that 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 that 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 that 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. � 5301).

__ 3. Federal civil service retirement benefits (5 U.S.C. � 
8346).

__ 4. Annuities to sur