VirginiaHB4452026 Regular SessionHouseWALLET

Debtor's disposable earnings; exemptions form garnishment, exemptions in bankruptcy proceedings.

Sponsored By: Marcus B. Simon (Democratic)

Became Law

Summary

Exemptions from garnishment; exemptions in bankruptcy proceedings; disposable earnings. Provides that the exemption provided for a debtor's disposable earnings, defined by current law, that are subject to garnishment also applies to disposable earnings for the purposes of a bankruptcy proceeding.

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 4 benefits, 0 costs, 2 mixed.

Special rules for support and tax debts

Different limits apply when a garnishment enforces a support order. Up to 60% of disposable earnings can be taken, or 50% if you support another spouse or dependent child. If you are more than 12 weeks behind, those caps rise to 65% and 55%. State and federal tax debts and Chapter XIII bankruptcy orders are also not limited by the general 25%/40× cap.

Limits on wage garnishment for workers

The law limits how much of your pay can be taken each workweek. The most that can be garnished is the lesser of 25% of your disposable earnings, or the amount above 40 times the higher of the federal or Virginia minimum hourly wage in effect when you are paid. For non‑weekly pay periods, the State Labor Commissioner sets an equivalent rule. Some debts, like child support and taxes, follow different limits under other rules.

Wage protections also apply in bankruptcy

The same wage exemptions in this law also protect your disposable earnings during bankruptcy. These protections apply unless another rule in this section says otherwise.

Stronger protection for exempt wages

Courts and state agencies cannot make or enforce orders that break these garnishment limits. If you qualify for an exemption, it is granted without extra steps. Any assignment, sale, or pledge of the exempt part of your wages is void and cannot be enforced.

Job protection for one garnishment

Your employer cannot fire you just because your pay was garnished for one debt. This protects your job when you face a single garnishment.

Banks don't calculate garnishable deposits

A bank that holds your deposited earnings does not have to decide what share can be garnished. Others must figure out the garnishable amount.

Sponsors & Cosponsors

Sponsor

  • Marcus B. Simon

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 219 • No: 0

Senate vote 3/2/2026

Passed Senate Block Vote

Yes: 40 • No: 0

Senate vote 2/27/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/27/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 37 • No: 0

Senate vote 2/25/2026

Reported from Courts of Justice

Yes: 15 • No: 0

House vote 2/3/2026

Read third time and passed House Block Vote

Yes: 98 • No: 0

House vote 1/28/2026

Reported from Courts of Justice

Yes: 19 • No: 0

House vote 1/21/2026

Subcommittee recommends reporting

Yes: 10 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0143)

    4/6/2026Governor
  2. Approved by Governor-Chapter 143 (effective 7/1/2026)

    4/6/2026Governor
  3. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/10/2026Governor
  4. Enrolled Bill communicated to Governor on March 10, 2026

    3/10/2026House
  5. Bill text as passed House and Senate (HB445ER)

    3/5/2026House
  6. Enrolled

    3/5/2026House
  7. Signed by President

    3/5/2026Senate
  8. Signed by Speaker

    3/5/2026House
  9. Passed Senate Block Vote (40-Y 0-N 0-A)

    3/2/2026Senate
  10. Read third time

    3/2/2026Senate
  11. Passed by for the day Block Vote (Voice Vote)

    2/27/2026Senate
  12. Constitutional reading dispensed Block Vote (on 2nd reading) (37-Y 0-N 0-A)

    2/27/2026Senate
  13. Rules suspended

    2/27/2026Senate
  14. Reported from Courts of Justice (15-Y 0-N)

    2/25/2026Senate
  15. Referred to Committee for Courts of Justice

    2/4/2026Senate
  16. Constitutional reading dispensed (on 1st reading)

    2/4/2026Senate
  17. Read third time and passed House Block Vote (98-Y 0-N 0-A)

    2/3/2026House
  18. Read second time and engrossed

    2/2/2026House
  19. Read first time

    1/30/2026House
  20. Reported from Courts of Justice (19-Y 0-N)

    1/28/2026House
  21. Subcommittee recommends reporting (10-Y 0-N)

    1/21/2026House
  22. Assigned HCJ sub: Civil

    1/19/2026House
  23. Referred to Committee for Courts of Justice

    1/12/2026House
  24. Prefiled and ordered printed; Offered 01-14-2026 26101046D

    1/12/2026House

Bill Text

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