VirginiaHB18642025 Regular SessionHouse

Garnishments; automatic exemption, accounts with depository institution.

Sponsored By: Phil M. Hernandez (Democratic)

Failed

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.

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Bill Overview

No Economic Impacts Identified for this Bill

Sponsors & Cosponsors

Sponsor

  • Phil M. Hernandez

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 120 • No: 6

House vote • 1/30/2025

Read third time and passed House

Yes: 91 • No: 5

House vote • 1/24/2025

Reported from Courts of Justice with substitute

Yes: 21 • No: 1

House vote • 1/22/2025

Subcommittee recommends reporting with substitute

Yes: 8 • No: 0 • Other: 1

Actions Timeline

  1. Left in Courts of Justice

    2/18/2025House
  2. Fiscal Impact Statement from Department of Planning and Budget (HB1864)

    2/11/2025House
  3. Referred to Committee for Courts of Justice

    1/31/2025Senate
  4. Constitutional reading dispensed (on 1st reading)

    1/31/2025Senate
  5. Read third time and passed House (91-Y 5-N)

    1/30/2025House
  6. Engrossed by House - committee substitute

    1/29/2025House
  7. Courts of Justice Substitute agreed to

    1/29/2025House
  8. Read second time

    1/29/2025House
  9. Read first time

    1/28/2025House
  10. Committee substitute printed 25105683D-H1

    1/24/2025House
  11. Reported from Courts of Justice with substitute (21-Y 1-N)

    1/24/2025House
  12. Subcommittee recommends reporting with substitute (8-Y 0-N)

    1/22/2025House
  13. Fiscal Impact Statement from State Corporation Commission (HB1864)

    1/19/2025House
  14. Assigned Courts sub: Civil

    1/17/2025House
  15. Referred to Committee for Courts of Justice

    1/6/2025House
  16. Prefiled and ordered printed; Offered 01-13-2025 25102122D

    1/6/2025House

Bill Text

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