Code of Virginia

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Code of Virginia
Title 34. Homestead and Other Exemptions
Subtitle .
Chapter 1. General Provisions
4/15/2024

Chapter 1. General Provisions.

§ 34-1. Definitions.

As used in this title, unless the context requires a different meaning:

"Creditor process" means all methods used by creditors to collect unsecured debts.

"Debt" means a legally enforceable monetary obligation or liability of any individual whether arising out of a contract or otherwise, but not an obligation resulting from an intentional tort.

"Exempt" means protected from all forms of creditor process.

"Exemption" means protection from all forms of creditor process.

"Homestead exemption" means that exemption created by § 34-4.

"Householder" means any resident of Virginia.

"Laboring person" means any person who receives wages for his services.

Code 1919, § 6566; 1974, c. 272; 1978, c. 253; 1979, c. 674; 1990, c. 942.

§ 34-2. Injunction restraining sale of exempted property or garnishment of wages.

An injunction may be awarded to enjoin the sale of any property exempt under the provisions of this title, and to prevent the wages exempted by § 34-29 from being garnisheed or otherwise collected by an execution creditor.

Code 1919, § 6565.

§ 34-3. Articles not exempt from taxes or levies or for their purchase price.

The exemptions under §§ 34-4, 34-4.1, 34-26, 34-27, 34-29, and 64.2-311 shall not extend to distress or lien for state or local taxes or levies, nor to levy, distress, or lien for the purchase price of any articles claimed as exempt or any part of the price thereof nor for fines and damages or either arising from trespass by animals under § 55.1-2810 as to such animal so trespassing. If an article purchased and not paid for is exchanged or converted into other property of the debtor, such property shall not be exempt from payment of the unpaid purchase money debt.

Code 1919, § 6563; 1990, c. 942; 1996, c. 323.

§ 34-3.1. Property specified in Bankruptcy Reform Act not exempt.

No individual may exempt from the property of the estate in any bankruptcy proceeding the property specified in subsection (d) of § 522 of the Bankruptcy Reform Act (Public Law 95-598), except as may otherwise be expressly permitted under this title.

1979, c. 692.