A. The real or personal estate that a householder is entitled to hold as exempt may be set apart at any time before it is subjected by sale under creditor process or by a trustee in bankruptcy, or, if such creditor process does not require sale of the property, before it is turned over to the creditor.
B. A claim of homestead exemption to protect garnished wages may be filed by the debtor after the garnishment summons is served on the employer but prior to or upon the return date of the garnishment summons and shall be considered by the garnishing court.
Code 1919, § 6543; 1944, p. 489; 1974, c. 272; 1981, c. 580; 1985, c. 521; 1990, c. 942; 2003, c. 1000; 2005, c. 367; 2020, c. 328.
Structure Code of Virginia
Title 34 - Homestead and Other Exemptions
Chapter 2 - Homestead Exemption of Householder
§ 34-4.1. Additional exemption for certain veterans
§ 34-4.2. Additional exemption for parents of dependent children
§ 34-5. To what debts exemptions shall not apply
§ 34-6. How exemption of real estate secured; form to claim exemption of real property
§ 34-7. Real estate, subject to encumbrances, may be set apart; if sold, how surplus disposed of
§ 34-8. Partition or sale of real estate held as exempt by joint tenant, etc.
§ 34-9. How real estate set apart as exempt may be encumbered or aliened
§ 34-13. Householder may set apart exemption in personal estate
§ 34-14. How set apart in personal estate; form to claim exemption of personal property
§ 34-17. When exemption may be set apart; garnished wages
§ 34-18. Rents and profits exempt; increase in value of estate set apart
§ 34-19. How excess in value set apart subjected to debts
§ 34-20. Proceeds of sale of estate exempt; how evidenced
§ 34-21. When householder's right to exemption is exhausted
§ 34-22. Waiver of exemption; its effect; form of waiver
§ 34-23. How claim enforced when exemption waived, etc.
§ 34-24. When the exemption ceases; lien of judgment or decree against householder
§ 34-25. When homestead waived judgments and executions to so state