Virginia Code

Va. Code Ann. § 8.01-512.5 (2026)

Hearing on claim of exemption from garnishment

✓ current as of May 2026

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A judgment debtor shall have the right to a hearing on his claim of exemption from garnishment no later than seven business days from the date that the claim is filed with the court.

The clerk shall notify the parties of the date, time and place of the hearing and the exemption being claimed. The garnishee shall comply with the garnishment summons unless and until ordered otherwise in writing by the court. The order shall take effect upon receipt by the garnishee. The clerk is required to provide a copy of the order or other hearing disposition to the garnishee only if the garnishment summons is dismissed or is modified by the judge.

1984, c. 1.

Notes of Decisions

Cited in 2 cases, 1986–1997 · leading case: In Re Meyer, 211 B.R. 203 (Bankr. E.D. Va. 1997).

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In Re Meyer, 211 B.R. 203 (Bankr. E.D. Va. 1997). · cites it 4× “rement “to determine the portion of such earnings which are subject to garnishment,” but the apparent intent of this language is simply to protect the bank against liability if it honors a garnishment summons and to place the burden on the judgment debtor to file in the court…”

Chiang v. Busman, 12 Va. Cir. 43 (Warren Cir. Ct. 1986). · cites it 2× “For the purpose of this case the Court is assuming that it does insulate those funds since the defendant supplies no authority to support that proposition.”

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