CHAPTER 498

An Act to amend and reenact § 34-29, as amended, of the Code of Vir-
ginia, relating to exemption of wages from distress, levy and gar-
nishment.

[H 355]

Approved March 31, 1960

Be it enacted by the General Assembly of Virginia:

1. That § 34-29, as amended, of the Code of Virginia, be amended
and reenacted as follows:

§ 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 or woman who is a householder
or head of a family, whether a resident or nonresident of this State, shall
be exempt from distress, levy, garnishment or other process to the extent
of * the minimum exemption set out in the schedule of minimum and
maximum exemptions hereinafter provided; in addition to the minimum
exemption, seventy-five per centum of such wages or salary as exceeds
the minimum exemption, but not in excess of the maximum exemption,
shall also be exempt. All sums of wages over and above the maximum
exemption, in addition to the twenty-five per centum of the sum between
the minimum and maximum, shall be subject to attachment by garnishee
summons; such wages so attached shall be withheld by the employer and
applied on said summons and returned to the court as provided by law
upon the return day of said summons.

_ _ In determining the total wages under this section, the employer shall
include therein all deductions for taxes and other withholdings for the
benefit of the employee; and the wages or salaries of a laboring man or
woman residing within or without this State who is not a householder
or a head of a family, shall be so exempt to the extent of fifty per centum
of the exemption herein provided for a laboring man or woman who its
a householder or head of a family.

In determining the exemption to which the employee is entitled the
employer may, until otherwise ordered by the court, rely upon the in-
formation 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. However, a husband and wife who
are living under the same roof may not both at the same time claim ez-
emptions granted a householder or head of a family.

The exemption granted under this section to a laboring man or
woman who is a householder or head of a family shall extend to any per-
son under an order of a court to support a parent, child, husband, or wife,
and may be claimed by him or her or on his or her behalf by any agency of
government or person in interest.

It is hereby provided that the schedule of minimum and maximum
exemptions for the specific pay periods indicated shall apply as follows:

For: Minimum exemption Maximum exemption
(House- (Non- (House- (Non-
holder) house- holder) house-

holder) holder)
Those paid weekly $ 23.00 $11.50 $ 35.00 $17.50
Those paid biweekly 46.00 23.00 70.00 85.00
Those paid semimonthly 50.00 25.00 75.00 37.50
Those paid monthly 100.00 50.00 150.00 75.00

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 ex-
emption provided for by this section, shall be void and unenforceable by
any process of law.