                                 CODE OF VIRGINIA

HEARING ON CLAIM OF EXEMPTION FROM LEVY OR SEIZURE (§ 8.01-546.2)

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 § 8.01-119 or § 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&#8217;s lien and order the sheriff to return
such exempt property to the judgment debtor.

HISTORY: 1986, c. 341.