Any assignment, pledge or encumbrance of any right to benefits which are or may become due or payable under this title shall be void except as provided in this section and in §§ 60.2-608, 60.2-608.1, 60.2-608.2, and 60.2-633. Such rights to benefits shall be exempt from levy, execution, attachment, garnishment or any other legal process provided for the collection of debt, even if the compensation is used for purchase of shares in a credit union, or deposited into an account with a financial institution or other organization accepting deposits and is thereby commingled with other funds, except debts incurred for necessaries furnished to such individual, his spouse or dependents during the time when such individual was unemployed. Any waiver of any exemption provided for in this section shall be void.
Upon an order of garnishment, attachment or other levy addressed to a financial institution in which the principal defendant claims to have exempt funds hereunder, the principal defendant may file an answer asserting the exemption hereunder. From the time of service of such garnishment, attachment or levy, the financial institution, until further order of the court, shall hold the amount subject to such garnishment, attachment or levy, or such lesser amount or sum as it may have, which amount shall be set forth in its answer. It shall hold such amount free of any person drawing against such funds whether by check against such account or otherwise. The financial institution shall be subject to such further order or subpoena for discovery of its records, for which it shall be entitled an order or agreement for compensation for the expense of such service, and in a case deemed appropriate to the court by such an order directing deposit of funds or further security prior to such records being ordered produced.
Code 1950, § 60-108; 1968, c. 738, § 60.1-125; 1986, c. 480; 1987, c. 331; 1996, c. 107; 1997, c. 385.
Structure Code of Virginia
Title 60.2 - Unemployment Compensation
§ 60.2-600. No assignment of benefits; exemptions
§ 60.2-601. Payment of benefits
§ 60.2-602. Weekly benefit amount
§ 60.2-603. Weekly benefit for unemployment
§ 60.2-604. Reduction of benefit amount by amount of pension
§ 60.2-605. Benefit rights based on benefit year
§ 60.2-606. Benefits when wages irregular
§ 60.2-607. Maximum total benefit amounts
§ 60.2-608. Child support intercept of unemployment benefits
§ 60.2-608.1. Deduction and withholding of federal income tax
§ 60.2-608.2. Withholding of benefits; food stamp overissuance
§ 60.2-609. Reciprocal arrangements with agencies of other states or federal government
§ 60.2-610. Extended benefits defined
§ 60.2-611. Receipt of extended benefits
§ 60.2-612. Benefit eligibility conditions
§ 60.2-612.1. (Effective January 1, 2023) Program integrity
§ 60.2-613. Benefits not denied to individuals in training with approval of Commission
§ 60.2-616. Benefits based on services in connection with sports
§ 60.2-617. Benefits denied to certain aliens
§ 60.2-618. Disqualification for benefits
§ 60.2-619. Determinations and decisions by deputy; appeals therefrom
§ 60.2-620. Hearing and decision on appeal
§ 60.2-623. Procedure generally; confidentiality of information
§ 60.2-623.1. Party's recording of hearing
§ 60.2-626. Oaths and witnesses; subpoenas
§ 60.2-627. Failure to obey subpoenas; orders of court; penalty
§ 60.2-628. Protection against self-incrimination
§ 60.2-629. Redetermination of claims
§ 60.2-630. Authority to set aside or vacate determinations and decisions
§ 60.2-632. False statements, etc., to obtain or increase benefits
§ 60.2-633. Receiving benefits to which not entitled
§ 60.2-634. Receiving back pay after reinstatement
§ 60.2-635. Deprivation of further benefits
§ 60.2-636. Penalty for fraudulent claim
§ 60.2-637. Notice of penalties for false or misleading statements