Revocation of such exemption (§ 34-31)—Virginia Decoded

Revocation of such exemption

Any judgment creditor, upon having a garnishment summons issued upon a judgment against the judgment debtor named in such certificate, may give five days’ written notice, to be served personally on the employer and the judgment debtor by any officer authorized by law to serve civil process, that he will apply to the court or judge who issued such certificate to have the same revoked, and, upon proof that the holder of the certificate is no longer entitled to the exemption allowed thereby, the court or judge shall revoke the same and require the holder to deliver such certificate to the court, which shall cancel the same.

History

Code 1919, § 6556; 1932, p. 384; 1936, p. 378; 1974, c. 272.

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Court Decisions

. . . 30 Fair empl.prac.cas. 1137, 30 Empl. Prac. Dec. P 33,269, . . . (Court of Appeals for the Fourth Circuit, 01/11/83)
. . . 24 0.51 0.49 2.09 2.45 . . .

. . . W. N. Miller, Jr. And T. W. Miller v. Premier Corporation, . . . (Court of Appeals for the Fourth Circuit, 10/05/79)
. . . interest actually paid. Compare S.C.Code § 34-31-50 (1976) With Atlantic Discount Corp. v. . . .

Commonwealth v. Balto. Steam Packet Co. (SCV, 12/03/51)
. . . and ending within this State," amounting to $34.31 in the case of Baltimore and $104.86 in the case . . .

. . . Ncnb National Bank of North Carolina v. Ralph L. Tiller . . . (Court of Appeals for the Fourth Circuit, 05/20/87)
. . . any interest rates they desired. S.C. Code Sec. 34-31-80 (1976), repealed by 1982 Act No. 385 Sec. . . .

Wright v. Matthews (SCV, 09/06/68)
. . . 1944); Bailey Alabama, 219 U.S. 219, 233-34, 31 S.Ct. 145, 152, 55 L.ed. 191, 202 (1911). . . .

Creasy v. Coleman Furniture Corp. (District Court, W.D. Virginia, 03/01/88)
. . . elected to opt out of these exemptions through § 34-31. In re Calhoun, 47 B.R. 119 . . .

. . . Bobby Earl Kerr and Mildred Kellett Kerr v. State Farm Fire . . . (Court of Appeals for the Fourth Circuit, 04/05/84)
. . . at a rate of 8 3/4 percent. S.C.Code Ann. Sec. 34-31-20 (Law. Co-op 1983). This should be . . .

In Re Barto (United States Bankruptcy Court, E.D. Virginia, 01/07/81)
. . . is, however, a simpler, more direct argument. . . .

. . . Fran Welch Real Estate Sales, Inc. v. The Seabrook Island . . . (Court of Appeals for the Fourth Circuit, 01/20/87)
. . . Associates, 405 U.S. 596, 607-08, 92 S.Ct. 1126, 1133-34, 31 L.Ed.2d 515 (1972). . . .

. . . John M. Ratino, M.D. v. Medical Service of the District of . . . (Court of Appeals for the Fourth Circuit, 11/04/83)
. . . Associates, Inc., 405 U.S. 596, 608, 92 S.Ct. 1126, 1133-34, 31 L.Ed.2d 515 (1972), quoting White . . .

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