CHAPTER 143

An Act to amend and reenact §§ 84-29 and 84-30, as amended, of the Code
of Virginia, relating to exemptions of certain wages and salaries and
proceedings in relation thereto.

[S 69]

Approved March 5, 1954
Be it enacted by the General Assembly of Virginia:

1. That §§ 34-29 and 34-30, 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 pro-
vided 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 fifty 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 exemp-
tion 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. The exemption granted under this section to a labor-
ing man who is a householder or head of a family shall extend to any person
under an order of a court to support a parent, child, husband or wife and
may be claimed by him or on his behalf by any agency of government or
person in interest.

§ 34-30. At the time any judgment be obtained against a laboring
man or woman who is a householder or head of a family, or at any time
thereafter and prior to the discharge thereof; such judgment debtor may
move the trial justice or court which rendered ‘such judgment, or the judge
of such court in vacation, to have so much of the wages of the judgment
debtor as does not exceed the amount of the exemption allowed by § 34-29
declared exempt. Such motion shall be informally heard forthwith, and
if it appear that such wages, or any part thereof, are exempt, such court,
judge or trial justice shall so declare and thereupon issue to such judgment
debtor a certificate, valid until revoked, authorizing the then present or
any future employer of such judgment debtor to pay to him or her such
wages as may be due or become due to such judgment debtor, not exceed-
ing the amount of such exemption, regardless of any pending or future
garnishment notice of lien, mortgage, assignment, sale, pledge, levy, or
any other legal proceedings. Unless such motion be made at the time such
judgment is rendered, or in the presence of the plaintiff or his agent or
attorney, the same shall not be heard except after reasonable notice in
writing to such judgment creditor. For any such certificate the judgment
debtor shall pay a fee of fifty cents; except that in civil justice and police
courts in cities containing more than two hundred twenty-five thousand
population such certificate shall be issued without charge. The term
“judgment debtor’ as used in this section shall include any person to whom
the exemption of the judgment debtor is extended by § 34-29.