HB 1864 Virginia House of Delegates · 2025 Regular Session

Garnishments; automatic exemption, accounts with depository institution.

Summary
Poor debtor's exemption; depository institution account exemption. Allows a householder to hold exempt from creditor process up to $500 held in a depository institution. The bill provides that a depository institution shall, upon receipt of an order of garnishment, attachment, or other levy, answer such order and, if the householder maintains a deposit account or accounts with such depository institution, state that (i) the total amount in such account or accounts does not exceed $500 or (ii) the total amount in such account or accounts does exceed $500 and that the amount of funds in excess of $500 is being held by such institution pending further order of the court. The bill further provides that, beginning on April 1, 2027, any increases in exempt amounts shall be adjusted at three-year intervals to reflect the change in the Consumer Price Index for all urban consumers (CPI-U), as published by the Bureau of Labor Statistics of the U.S. Department of Labor. The bill provides that such adjustments shall be calculated by the Department of Planning and Budget.
Bill status passed 3 of 5 stages cleared
Introduction
Jan 2025
Committee Review
Jan 2025
House of Delegates Passage
Jan 2025
Senate Passage
Governor
Introduced Jan 6, 2025 Last action Feb 18, 2025
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Courts of Justice Substitute · 5 edits
MODERATE
The bill was amended from its original introduction to a House substitute version that significantly changes the statute it amends. The original bill sought to amend § 34-26 regarding poor debtor exemptions, while the substitute version now targets § 34-14 regarding automatic garnishment exemptions. The most significant change is reducing the depository account exemption from $5,000 to $500, and adding new provisions about how this exemption interacts with homestead exemptions.
Scope change
The bill's scope changed from amending § 34-26 (poor debtor's exemption) to amending § 34-14 (garnishment exemptions and automatic exemption procedures).
SCOPE

Changed the statute being amended from § 34-26 to § 34-14, shifting focus from general poor debtor exemptions to automatic garnishment exemptions.

REQUIREMENT

Reduced the depository account exemption threshold from $5,000 to $500 for accounts subject to garnishment.

Added new provision requiring the $500 garnishment exemption to be reduced from the homestead exemption if not otherwise attributable to other exemptions.

Added procedures for claiming exemptions through bankruptcy court filings and standardized forms for exempting personal property.

DEFINITION

Expanded the definition of depository institution to include credit unions in addition to banks and savings institutions.

Floor votes · House of Delegates Jan 30, 2025

How they voted

915
Passed · 4 other
Total votes 100
Jan 30, 2025
D Democratic51
50 Yea 1
98% Yea
R Republican49
41 Yea 5 Nay 3
83% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
16
Key actions
2
Committee
4
Jan 31, 2025
Committee
Referred to Committee for Courts of Justice
upper
Jan 30, 2025
Lower · Passed
Read third time and passed House (91-Y 5-N)
lower
Jan 24, 2025
Lower · Passed
Reported from Courts of Justice with substitute (21-Y 1-N)
lower
Jan 17, 2025
Committee
Assigned Courts sub: Civil
lower
Jan 6, 2025
Committee
Referred to Committee for Courts of Justice
lower
1 primary · 15 co-sponsors

Sponsors