CODE OF VIRGINIA

HOW CLAIM ENFORCED WHEN EXEMPTION WAIVED, ETC (§ 34-23)

In any proceeding for the enforcement of a claim, which by reason of the waiver
aforesaid or otherwise, is paramount to the exemption, if there be in the county
or city wherein the proceeding is estate of the debtor other than that which has
been set apart as aforesaid, such other estate shall be subjected and exhausted
before the estate so set apart is resorted to. If, however, the claim is secured
by mortgage, deed of trust or other specific lien on the estate set apart,
nothing in this section contained shall prevent the enforcement of the security
in the first instance and before resorting to other estate of the debtor.

HISTORY: Code 1919, § 6549; 1974, c. 272; 1981, c. 580.