CHAPTER 379

An Act to amend and reenact §8§ 8-448, 8-444 and 8-445 as amended,
and 84-29 as amended, of the Code of Virginia, relating to garnish-
ment and exemptions therefrom; and to amend the Code by adding
: section numbered 8-432.1, as to applicability of notice of certain
1ens.

[H 550]
Approved April 2, 1954

Be it enacted by the General Assembly of Virginia:

1. That §§ 8-448, 8-444 and 8-445 as amended and 34-29 as amended,
of the Code of Virginia be amended and reenacted and that the Code be
amended by adding a section numbered 8-432.1, the amended and new
sections to be as follows:

§ 8-432.1. Nothing contained in the two preceding sections shall
have the effect of requiring any employer paying wages or salary to an
employee to withhold any part of such wages or salary unless and until
such employer is duly served with process in garnishment.

§ 8-443. A person so summoned shall appear in person and be
examined on oath; or he may file a statement verified by affidavit; and a
corporation so summoned shall appear by an authorized agent who shall be
examined on oath; or it may file a statement, not under seal, verified by
affidavit of such authorized agent. Such statement shall show the amount
the garnishee is indebted to the judgment debtor, if any, or what property
or effects, if any, the garnishee has or holds which belongs to the judgment
debtor, or in which he has an interest. If the judgment debtor dispute
the verity or accuracy of such statement and so desire, then summons shall
issue requiring the appearance of such person or authorized agent for
examination on oath, and requiring him to produce such books and papers
as may be necessary to determine the fact.

In determining the exemption to which the employee is entitled, the
employer may until otherwise ordered by the court rely upon the infor-
mation contained in the employee’s withholding exemption certificate
filed by the employee for federal income tax purposes, and any person
showing more than one exemption thereon shall be considered by him
to be a householder or head of a family.

§ 8-444. If it appear from such verified statement or upon either
such examination that there is any such liability on him, the court or
trial justice may give judgment against him for any amount found due
the execution debtor, in excess of any amounts exempted by § 34-29 and
paid to the execution debtor before such exemptions shall have been
specifically disallowed by. the court, and order him to deliver any estate
for which there is such liability, or pay the value of such estate into
court or to any officer whom it may designate; and the levy of an execu-
tion on such order shall be valid, although levied by such officer.

8-445. Notwithstanding the provisions of §§ 8-448 and 8-444,
any employer against whom any garnishment * is served in connection
with an action or judgthent against * an employee may pay to such
employee when due wages or * salary not exceeding the amount exempted
by § 34-29 unless such exemptions shall have been specifically disallowed
by the court and shall answer such garnishment summons by a written
statement verified by affidavit but not under seal, * showing the amount
of wages or salary due on the return date of the garnishment summons
and the amount of wages or salary so exempted, and if there shall be an
excess of wages or salary so due over the amount of the exemptions, the
employer may pay the amount of such excess into the court where the
garnishment summons is returnable, which payment when determined by
the court to be correct will constitute a discharge of any liability of the
employer to the employee for the wages or salary so withheld.

§ 34-29. In addition to the estate, not exceeding the value of two
thousand dollars and the other property, which every householder or
head of a family residing in this State shall be entitled to hold exempt,
as provided in the preceding chapters of this title, wages or salary owing
or to be owing to a laboring man who is a householder or head of a
family, shall be exempt from distress, levy, garnishment or other process
to the extent of seventy-five per centum of such wages or salary; provided,
however, that in no case shall such exemption be less than * one hundred
dollars per month nor more than one hundred fifty dollars per month; and
the wages or salary of a laboring man residing in this State who is not a
householder or head of a family shall be so exempt to the extent of fifty per
centum of the exemption herein provided for a laboring man who is a
householder or head of a family; and every assignment, sale, transfer,
pledge or mortgage of the wages or salary of a laboring man which is so
exempted, to the extent of the exemption provided for by this section,
shall be void and unenforceable by any process of law. In determining
the exemption to which the employee is entitled, the employer may until
otherwise ordered by the court rely upon the information contained in
the employee’s withholding exemption certificate filed by the employee
for federal income tax purposes and any person showing more than one
exemption thereon shall be considered by him to be a householder or
head of a family.