HB2560: Homestead exemption; increased for veterans.


HOUSE BILL NO. 2560
House Amendments in [ ] February 4, 2009
A BILL to amend and reenact 8.01-512.4 and 34-4.1 of the Code of Virginia, relating to homestead exemption; veterans.
Patron Prior to Engrossment--Delegate Johnson

Referred to Committee for Courts of Justice

Be it enacted by the General Assembly of Virginia:

1.  That 8.01-512.4 and 34-4.1 of the Code of Virginia are amended and reenacted as follows:

8.01-512.4. Notice of exemptions from garnishment.

No summons in garnishment shall be issued or served 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

The attached Summons in Garnishment 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 EXEMPTION CLAIM

I claim that the exemption(s) from garnishment which are checked below apply in this case:


MAJOREXEMPTIONSUNDERFEDERALANDSTATELAW
....1.SocialSecuritybenefitsandSupplementalSecurityIncome
. . .(SSI)(42U.S.C.407).
....2.Veterans'benefits(38U.S.C.3101).
....3.Federalcivilserviceretirementbenefits(5U.S.C.8346).
....4.Annuitiestosurvivorsoffederaljudges(28U.S.C.376(n)).
....5.LongshoremenandHarborworkersCompensationAct
. . .(33U.S.C.916).
....6.Blacklungbenefits.
Exemptionslistedunder1through6abovemaynotbeapplicableinchild
supportandalimonycases(42U.S.C.659).
....7.Seaman's,master'sorfisherman'swages,exceptforchild
. . .supportorspousalsupportandmaintenance(46U.S.C.1109).
....8.Unemploymentcompensationbenefits(60.2-600,Codeof
. . .Virginia).Thisexemptionmaynotbeapplicableinchild
. . .supportcases(60.2-608,CodeofVirginia).
....9.Portionsoramountsofwagessubjecttogarnishment
. . .(34-29,CodeofVirginia).
....10.Publicassistancepayments(63.2-506,CodeofVirginia).
....11.Homesteadexemptionof$5,000incash
. . .(34-4,CodeofVirginia).Thisexemptionmaynotbe
. . .availableincertaincases,suchaspaymentofrentor
. . .servicesofalaborerormechanic(34-5,CodeofVirginia).
....12.Propertyofdisabledveterans-additional$2,000
. . . [ 25,000 10,000 ] cash(34-4.1,CodeofVirginia).
....13.Workers'Compensationbenefits(65.2-531,CodeofVirginia).
....14.Growingcrops(8.01-489,CodeofVirginia).
....15.Benefitsfromgrouplifeinsurancepolicies
. . .(38.2-3339,CodeofVirginia).
....16.Proceedsfromindustrialsickbenefitsinsurance
. . .(38.2-3549,CodeofVirginia).
....17.Assignmentsofcertainsalaryandwages(55-165,
. . .CodeofVirginia).
....18.Benefitsforvictimsofcrime(19.2-368.12,Code
. . .ofVirginia).
....19.Preneedfuneraltrusts(54.1-2823,CodeofVirginia).
....20.Certainretirementbenefits(34-34,CodeofVirginia).
....21.Childsupportpayments(20-108.1,CodeofVirginia).
....22.Other(describeexemption):$............
Irequestacourthearingtodecidethevalidityofmyclaim.Notice
ofthehearingshouldbegivenmeat:
........................................
(address)(telephoneno.)
Thestatementsmadeinthisrequestaretruetothebestofmy
knowledgeandbelief.
.......................................
(date)(signatureofjudgmentdebtor)

34-4.1. Additional exemption for certain veterans.

Every veteran residing in this Commonwealth having a service connected disability of forty percent or more, as rated by the Veterans Administration of the United States, shall be entitled, in addition to the property or estate which he is entitled to hold exempt from creditor process under 34-4, 34-26, 34-27, 34-29, and 64.1-151.3, to hold exempt from creditor process his real and personal property, or either, to be selected by him by the writings required by 34-6 and 34-14, including money and debts due him, not exceeding $2,000 [ 25,000 10,000 ] in value.

HOUSE BILL NO. 2560
Offered January 20, 2009
A BILL to amend and reenact 8.01-512.4 and 34-4.1 of the Code of Virginia, relating to homestead exemption; veterans.
Patrons-- Johnson and Kilgore

Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1. That 8.01-512.4 and 34-4.1 of the Code of Virginia are amended and reenacted as follows:

8.01-512.4. Notice of exemptions from garnishment.

No summons in garnishment shall be issued or served 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

The attached Summons in Garnishment 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 EXEMPTION CLAIM

I claim that the exemption(s) from garnishment which are checked below apply in this case:


MAJOREXEMPTIONSUNDERFEDERALANDSTATELAW
....1.SocialSecuritybenefitsandSupplementalSecurityIncome(SSI)(42
U.S.C.407).
....2.Veterans'benefits(38U.S.C.3101).
....3.Federalcivilserviceretirementbenefits(5U.S.C.8346).
....4.Annuitiestosurvivorsoffederaljudges(28U.S.C.376(n)).
....5.LongshoremenandHarborworkersCompensationAct(33U.S.C.916).
....6.Blacklungbenefits.
Exemptionslistedunder1through6abovemaynotbeapplicableinchild
supportandalimonycases(42U.S.C.659).
....7.Seaman's,master'sorfisherman'swages,exceptforchildsupport
orspousalsupportandmaintenance(46U.S.C.1109).
....8.Unemploymentcompensationbenefits(60.2-600,Codeof
Virginia).Thisexemptionmaynotbeapplicableinchildsupportcases(
60.2-608,CodeofVirginia).
....9.Portionsoramountsofwagessubjecttogarnishment(34-29,Code
ofVirginia).
....10.Publicassistancepayments(63.2-506,CodeofVirginia).
....11.Homesteadexemptionof$5,000incash(34-4,CodeofVirginia).
Thisexemptionmaynotbeavailableincertaincases,suchaspaymentofrent
orservicesofalaborerormechanic(34-5,CodeofVirginia).
....12.Propertyofdisabledveterans-additional$2,00025,000cash(34-4.1,
CodeofVirginia).
....13.Workers'Compensationbenefits(65.2-531,CodeofVirginia).
....14.Growingcrops(8.01-489,CodeofVirginia).
....15.Benefitsfromgrouplifeinsurancepolicies(38.2-3339,Codeof
Virginia).
....16.Proceedsfromindustrialsickbenefitsinsurance(38.2-3549,
CodeofVirginia).
....17.Assignmentsofcertainsalaryandwages(55-165,Codeof
Virginia).
....18.Benefitsforvictimsofcrime(19.2-368.12,CodeofVirginia).
....19.Preneedfuneraltrusts(54.1-2823,CodeofVirginia).
....20.Certainretirementbenefits(34-34,CodeofVirginia).
....21.Childsupportpayments(20-108.1,CodeofVirginia).
....22.Other(describeexemption):$............
Irequestacourthearingtodecidethevalidityofmyclaim.Noticeofthe
hearingshouldbegivenmeat:
........................................
(address)(telephoneno.)
Thestatementsmadeinthisrequestaretruetothebestofmyknowledgeand
belief.
.......................................
(date)(signatureofjudgmentdebtor)

34-4.1. Additional exemption for certain veterans.

Every veteran residing in this Commonwealth having a service connected disability of forty percent or more, as rated by the Veterans Administration of the United States, shall be entitled, in addition to the property or estate which he is entitled to hold exempt from creditor process under 34-4, 34-26, 34-27, 34-29, and 64.1-151.3, to hold exempt from creditor process his real and personal property, or either, to be selected by him by the writings required by 34-6 and 34-14, including money and debts due him, not exceeding $2,00025,000 in value.