{"law_id":"787164","section_number":"8.01-546.2","catch_line":"Hearing on claim of exemption from levy or seizure","history":"1986, c. 341.","order_by":null,"metadata":false,"court_decisions":{},"official_url":"http:\/\/law.lis.virginia.gov\/vacode\/8.01-546.2\/","refers_to":[{"id":"786222","section_number":"8.01-119","catch_line":"Hearing to review issuance of order or process under \u00a7 8.01-114 or to consider request for such order or process","url":"\/8.01-119\/"},{"id":"792922","section_number":"8.01-568","catch_line":"Quashing attachment or rendering judgment for defendant","url":"\/8.01-568\/"}],"url":"\/8.01-546.2\/","token":"8.01\/20\/2\/8.01-546.2","structure":{"1":{"id":"2036","name":"Summons; Levy; Lien; Bonds, Etc","identifier":"2","label":"article","url":"\/8.01\/20\/2\/"},"2":{"id":"1548","name":"Attachments And Bail In Civil Cases","identifier":"20","label":"chapter","url":"\/8.01\/20\/"},"3":{"id":"52","name":"Civil Remedies And Procedure","identifier":"8.01","label":"title","url":"\/8.01\/"}},"referred_to_by":[{"id":"787775","section_number":"55-230","catch_line":"When and by whom distress made","url":"\/55-230\/"},{"id":"792965","section_number":"8.01-114","catch_line":"When property to be taken by officer; summary of evidence, affidavits and report to be filed","url":"\/8.01-114\/"},{"id":"787830","section_number":"8.01-466","catch_line":"Clerk to issue fieri facias on judgment for money","url":"\/8.01-466\/"},{"id":"770807","section_number":"8.01-546","catch_line":"What attachment to command; summons","url":"\/8.01-546\/"}],"edition_id":"11","section_id":"787164","structure_id":"2036","full_text":"A judgment debtor shall have the right to a hearing on his claim of exemption from levy or seizure. If a defendant files a request for a hearing, the clerk shall (i) schedule a hearing no later than ten business days from the date that the request is filed with the court, and (ii) notify the parties of the date, time and place of hearing and the exemption being claimed. This hearing may be combined with a hearing pursuant to \u00a7 8.01-119 or \u00a7 8.01-568 or with a trial on the merits if held within the ten-business day limitation.The clerk shall notify the parties and the sheriff of the date, time and place of hearing and the exemption being claimed. The court may stay the sale pending this hearing by interlocutory order. The sheriff shall comply with the writ unless and until ordered otherwise in writing by the court. The order shall take effect upon receipt by the sheriff. The clerk is required to provide a copy of the order or the hearing disposition to the sheriff only if the writ or levy is dismissed or is modified by the judge. The court shall release all exempt property from the judgment creditor’s lien and order the sheriff to return such exempt property to the judgment debtor.","text":{"0":{"id":"2539570","text":"A judgment debtor shall have the right to a hearing on his claim of exemption from levy or seizure. If a defendant files a request for a hearing, the clerk shall (i) schedule a hearing no later than ten business days from the date that the request is filed with the court, and (ii) notify the parties of the date, time and place of hearing and the exemption being claimed. This hearing may be combined with a hearing pursuant to \u00a7 8.01-119 or \u00a7 8.01-568 or with a trial on the merits if held within the ten-business day limitation.The clerk shall notify the parties and the sheriff of the date, time and place of hearing and the exemption being claimed. The court may stay the sale pending this hearing by interlocutory order. The sheriff shall comply with the writ unless and until ordered otherwise in writing by the court. The order shall take effect upon receipt by the sheriff. The clerk is required to provide a copy of the order or the hearing disposition to the sheriff only if the writ or levy is dismissed or is modified by the judge. The court shall release all exempt property from the judgment creditor’s lien and order the sheriff to return such exempt property to the judgment debtor.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":{"1":{"id":"2036","name":"Summons; Levy; Lien; Bonds, Etc","identifier":"2","label":"article","url":"\/8.01\/20\/2\/"},"2":{"id":"1548","name":"Attachments And Bail In Civil Cases","identifier":"20","label":"chapter","url":"\/8.01\/20\/"},"3":{"id":"52","name":"Civil Remedies And Procedure","identifier":"8.01","label":"title","url":"\/8.01\/"}},"structure_contents":{"0":{"id":"770807","structure_id":"2036","section_number":"8.01-546","catch_line":"What attachment to command; summons","url":"\/8.01-546\/","token":"8.01\/20\/2\/8.01-546"},"1":{"id":"773541","structure_id":"2036","section_number":"8.01-546.1","catch_line":"Exemption claims form","url":"\/8.01-546.1\/","token":"8.01\/20\/2\/8.01-546.1"},"2":{"id":"787164","structure_id":"2036","section_number":"8.01-546.2","catch_line":"Hearing on claim of exemption from levy or seizure","url":"\/8.01-546.2\/","token":"8.01\/20\/2\/8.01-546.2"},"3":{"id":"795357","structure_id":"2036","section_number":"8.01-547","catch_line":"Attachment against remainders","url":"\/8.01-547\/","token":"8.01\/20\/2\/8.01-547"},"4":{"id":"784672","structure_id":"2036","section_number":"8.01-548","catch_line":"Who may levy attachment and on what","url":"\/8.01-548\/","token":"8.01\/20\/2\/8.01-548"},"5":{"id":"768571","structure_id":"2036","section_number":"8.01-549","catch_line":"Restraining order or receiver","url":"\/8.01-549\/","token":"8.01\/20\/2\/8.01-549"},"6":{"id":"771344","structure_id":"2036","section_number":"8.01-551","catch_line":"When officer to take possession of property","url":"\/8.01-551\/","token":"8.01\/20\/2\/8.01-551"},"7":{"id":"795396","structure_id":"2036","section_number":"8.01-552","catch_line":"Repealed","url":"\/8.01-552\/","token":"8.01\/20\/2\/8.01-552"},"8":{"id":"791301","structure_id":"2036","section_number":"8.01-553","catch_line":"Bonds for retention of property or release of attachment; revising bonds mentioned in this and \u00a7 8.01-551","url":"\/8.01-553\/","token":"8.01\/20\/2\/8.01-553"},"9":{"id":"790133","structure_id":"2036","section_number":"8.01-554","catch_line":"Where bond returned and filed; exceptions to bond","url":"\/8.01-554\/","token":"8.01\/20\/2\/8.01-554"},"10":{"id":"778811","structure_id":"2036","section_number":"8.01-555","catch_line":"When appeal bond given property to be delivered to owner","url":"\/8.01-555\/","token":"8.01\/20\/2\/8.01-555"},"11":{"id":"788561","structure_id":"2036","section_number":"8.01-556","catch_line":"Bonds may be given by any person","url":"\/8.01-556\/","token":"8.01\/20\/2\/8.01-556"},"12":{"id":"791830","structure_id":"2036","section_number":"8.01-557","catch_line":"Lien of attachment; priority of holder in due course","url":"\/8.01-557\/","token":"8.01\/20\/2\/8.01-557"},"13":{"id":"783098","structure_id":"2036","section_number":"8.01-558","catch_line":"Attachment lien on effects already in hands of officer","url":"\/8.01-558\/","token":"8.01\/20\/2\/8.01-558"},"14":{"id":"767685","structure_id":"2036","section_number":"8.01-559","catch_line":"Return by officer","url":"\/8.01-559\/","token":"8.01\/20\/2\/8.01-559"}},"previous_section":{"id":"773541","structure_id":"2036","section_number":"8.01-546.1","catch_line":"Exemption claims form","url":"\/8.01-546.1\/","token":"8.01\/20\/2\/8.01-546.1"},"next_section":{"id":"795357","structure_id":"2036","section_number":"8.01-547","catch_line":"Attachment against remainders","url":"\/8.01-547\/","token":"8.01\/20\/2\/8.01-547"},"references":[{"id":"787775","section_number":"55-230","catch_line":"When and by whom distress made","url":"\/55-230\/"},{"id":"775030","section_number":"55-232.2","catch_line":"Review of decision to issue ex parte order or process; claim of exemption","url":"\/55-232.2\/"},{"id":"792965","section_number":"8.01-114","catch_line":"When property to be taken by officer; summary of evidence, affidavits and report to be filed","url":"\/8.01-114\/"},{"id":"786222","section_number":"8.01-119","catch_line":"Hearing to review issuance of order or process under \u00a7 8.01-114 or to consider request for such order or process","url":"\/8.01-119\/"},{"id":"765276","section_number":"8.01-477.1","catch_line":"Claims of exemption from execution","url":"\/8.01-477.1\/"}],"formats":{"txt":"\/8.01-546.2.txt","json":"\/8.01-546.2.json","xml":"\/8.01-546.2.xml"},"dublin_core":{"Title":"Hearing on claim of exemption from levy or seizure","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-546.2","Relation":"Code of Virginia"},"plain_text":"                                 CODE OF VIRGINIA\n\nHEARING ON CLAIM OF EXEMPTION FROM LEVY OR SEIZURE (\u00a7 8.01-546.2)\n\nA judgment debtor shall have the right to a hearing on his claim of exemption\nfrom levy or seizure. If a defendant files a request for a hearing, the clerk\nshall (i) schedule a hearing no later than ten business days from the date that\nthe request is filed with the court, and (ii) notify the parties of the date,\ntime and place of hearing and the exemption being claimed. This hearing may be\ncombined with a hearing pursuant to \u00a7 8.01-119 or \u00a7 8.01-568 or with a trial\non the merits if held within the ten-business day limitation.The clerk shall\nnotify the parties and the sheriff of the date, time and place of hearing and\nthe exemption being claimed. The court may stay the sale pending this hearing by\ninterlocutory order. The sheriff shall comply with the writ unless and until\nordered otherwise in writing by the court. The order shall take effect upon\nreceipt by the sheriff. The clerk is required to provide a copy of the order or\nthe hearing disposition to the sheriff only if the writ or levy is dismissed or\nis modified by the judge. The court shall release all exempt property from the\njudgment creditor’s lien and order the sheriff to return such exempt\nproperty to the judgment debtor.\n\nHISTORY: 1986, c. 341."}