# Virginia HB1864: Garnishments; automatic exemption, accounts with depository institution.

Virginia HB1864, Garnishments; automatic exemption, accounts with depository institution., is a 2025 Regular Session House bill sponsored by Phil M. Hernandez (Democratic); status failed, last action 2025-02-18 (Left in Courts of Justice) (as of 2026-10-17).

- Canonical: https://policyrisk.com/state-bill/VA-HB1864-2025
- As of: 2026-10-17
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Bill: Virginia HB1864
- State: Virginia
- Session: 2025 Regular Session
- Title: Garnishments; automatic exemption, accounts with depository institution.
- Status: failed
- Chamber: House
- Introduced: 2025-01-06
- Last action: 2025-02-18, Left in Courts of Justice
- Sponsor: Phil M. Hernandez (Democratic)
- Cosponsors: 0
- Touches household money: no
- Roll calls: 3 (120 yes, 6 no in all)
- Economic provisions PRIA read: 0

## 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 overview

No economic impacts identified for this bill.

## Sponsors and cosponsors

- Sponsor: Phil M. Hernandez (Democratic), House

## Roll call votes

| Date | Chamber | Motion | Result | Yes | No | Other |
| --- | --- | --- | --- | --- | --- | --- |
| 2025-01-30 | House | Read third time and passed House | pass | 91 | 5 |   |
| 2025-01-24 | House | Reported from Courts of Justice with substitute | pass | 21 | 1 |   |
| 2025-01-22 | House | Subcommittee recommends reporting with substitute | pass | 8 | 0 | 1 |

## Actions (16)

- 2025-02-18: Left in Courts of Justice (House)
- 2025-02-11: Fiscal Impact Statement from Department of Planning and Budget (HB1864) (House)
- 2025-01-31: Referred to Committee for Courts of Justice (Senate)
- 2025-01-31: Constitutional reading dispensed (on 1st reading) (Senate)
- 2025-01-30: Read third time and passed House (91-Y 5-N) (House)
- 2025-01-29: Engrossed by House - committee substitute (House)
- 2025-01-29: Courts of Justice Substitute agreed to (House)
- 2025-01-29: Read second time (House)
- 2025-01-28: Read first time (House)
- 2025-01-24: Committee substitute printed 25105683D-H1 (House)
- 2025-01-24: Reported from Courts of Justice with substitute (21-Y 1-N) (House)
- 2025-01-22: Subcommittee recommends reporting with substitute (8-Y 0-N) (House)
- 2025-01-19: Fiscal Impact Statement from State Corporation Commission (HB1864) (House)
- 2025-01-17: Assigned Courts sub: Civil (House)
- 2025-01-06: Referred to Committee for Courts of Justice (House)
- 2025-01-06: Prefiled and ordered printed; Offered 01-13-2025 25102122D (House)

## Bill text

- Substitute, 2025-01-24: [HTML](https://lis.blob.core.windows.net/files/1026255.HTML), [PDF](https://lis.blob.core.windows.net/files/1026254.PDF)
- Introduced, 2025-01-06: [HTML](https://lis.blob.core.windows.net/files/1013538.HTML), [PDF](https://lis.blob.core.windows.net/files/1013537.PDF)

## Related bills

- HR671: Commending JR's Auto Care. (adopted)
- SB941: Robbery; use of air or gas operated weapon, etc., penalty. (failed)
- HB1746: Public safety officer; definition. (failed)
- HB1600: Budget Bill. (failed)
- SB1449: Data centers; site assessment for high energy use facility. (failed)
- HB1609: Essential health benefits benchmark plan; Commission to consider coverage for infertility treatment. (to governor)

## Sources
- [Substitute (HTML)](https://lis.blob.core.windows.net/files/1026255.HTML)
- [Substitute (PDF)](https://lis.blob.core.windows.net/files/1026254.PDF)
- [Introduced (HTML)](https://lis.blob.core.windows.net/files/1013538.HTML)
- [Introduced (PDF)](https://lis.blob.core.windows.net/files/1013537.PDF)

## Related
- [HR671: Commending JR's Auto Care.](https://policyrisk.com/state-bill/VA-HR671-2025)
- [SB941: Robbery; use of air or gas operated weapon, etc., penalty.](https://policyrisk.com/state-bill/VA-SB941-2025)
- [HB1746: Public safety officer; definition.](https://policyrisk.com/state-bill/VA-HB1746-2025)
- [HB1600: Budget Bill.](https://policyrisk.com/state-bill/VA-HB1600-2025)
- [SB1449: Data centers; site assessment for high energy use facility.](https://policyrisk.com/state-bill/VA-SB1449-2025)
- [HB1609: Essential health benefits benchmark plan; Commission to consider coverage for i…](https://policyrisk.com/state-bill/VA-HB1609-2025)
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Source: PRIA, https://policyrisk.com/state-bill/VA-HB1864-2025 (as of 2026-10-17).