Virginia 2023 Regular Session Status: Enacted

SB 812 — Emergency relief payments; automatic exemption from creditor process.

Last action — Acts of Assembly Chapter text (CHAP0457)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced December 13, 2022. Enacted.

Signed by Governor Glenn Youngkin (Republican) on March 24, 2023.

Prognosis

Advancing 38% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Failed a recorded vote

    Failed 5 recorded votes so far — a real headwind.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

76 added · 72 removed

Plain-language change summary

The amended version of Bill SB 812 clarifies the process for individuals facing garnishment by ensuring that they receive specific information about their rights to claim exemptions. It now details how to claim these exemptions and guarantees a right to a hearing within seven business days after filing a claim. This change is significant because it aims to protect individuals from losing their property or wages unnecessarily, thereby providing them with clearer guidance and support during financial difficulties.

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SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY –– CHAPTER E An Act to amend and reenact § 8.01-512.4 of the Code of Virginia and to repeal § 34-28.3 of the Code repeal.inia, relating to emergency relief payments;
VIRGINIA ACTS OF ASSEMBLY -- 2023 SESSION CHAPTER 457 An Act to amend and reenact § 8.01-512.4 of the Code of Virginia and to repeal § 34-28.3 of the Code of Virginia, relating to emergency relief payments;
automatic exemption from creditor procesR;
automatic exemption from creditor process;
O [S 812] L Approved L Be it enacted by the General Assembly of Virginia:
repeal.
E 1.
[S 812] Approved March 24, 2023 Be it enacted by the General Assembly of Virginia:
1.
D No summons in garnishment shall be issued or served, nor shall any notice of lien be served on a financial institution pursuant to § 8.01-502.1, unless a notice of exemptions and claim for exemption form are attached.
§ 8.01-512.4.
Notice of exemptions from garnishment and lien.
No summons in garnishment shall be issued or served, nor shall any notice of lien be served on a financial institution pursuant to § 8.01-502.1, unless a notice of exemptions and claim for exemption form are attached.
NOTICE TO JUDGMENT DEBTOR HOW TO CLAIM EXEMPTIONS FROM GARNISHMENT AND LIEN The attached Summons in Garnishment or Notice of Lien has been issued on request of a creditor who holds a judgment against you.
HOW TO CLAIM EXEMPTIONS FROM GARNISHMENT AND LIEN The attached Summons in Garnishment or Notice of Lien has been issued on request of a creditor who holds a judgment against you.
The Summons may cause your property or wages to be held or B taken to pay the judgment.
The Summons may cause your property or wages to be held or taken to pay the judgment.
1 said to be exempted.
The law provides that certain property and wages cannot be taken in garnishment.
A summary of some of the major exemptions is set forth in the request for Eearing form.
Such property is said to be exempted.
A summary of some of the major exemptions is set forth in the request for hearing form.
R If you claim an exemption, you should (i) fill out the claim for exemption form and (ii) deliver or mail the form to the clerk's office of this court.
If you claim an exemption, you should (i) fill out the claim for exemption form and (ii) deliver or mail the form to the clerk's office of this court.
You do not need to file a claim for exemption to receive this exemption, but if you believe the wrong amount is being withheld you may file a claim for exeOn the day of the hearing you should come to court ready to explain why your property is exempted, and you should bring any documents that may help you prove your case.
You do not need to file a claim for exemption to receive this exemption, but if you believe the wrong amount is being withheld you may file a claim for exemption.
On the day of the hearing you should come to court ready to explain why your property is exempted, and you should bring any documents that may help you prove your case.
__ 2.
Veterans' benefits (38 U.S.C.
§ 5301).
be applicable in child support cases (§ 60.2-608, Code of Virginia).ginia).
__ 8.
This exemption may not __ 9.
Unemployment compensation benefits (§ 60.2-600, Code of Virginia).
This exemption may not be applicable in child support cases (§ 60.2-608, Code of Virginia).
__ 9.
__ 12.
Property of disabled veterans –– additional $10,000 cash (§ 34-4.1, Code of Virginia).
Workers' Compensation benefits (§ 65.2-531, Code of Virginia).-4.1, Code of Virginia).
Workers' Compensation benefits (§ 65.2-531, Code of Virginia).
of 2 __ 15.
__ 15.
__ 17.
of 2 __ 17.
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Action History

  1. Acts of Assembly Chapter text (CHAP0457)

  2. Approved by Governor-Chapter 457 (effective 7/1/23)

  3. Governor's Action Deadline 11:59 p.m., March 27, 2023

  4. Enrolled Bill Communicated to Governor on March 2, 2023

  5. Signed by President

  6. Signed by Speaker

  7. Bill text as passed Senate and House (SB812ER)

  8. Enrolled

  9. VOTE: Block Vote Passage (99-Y 0-N)

  10. Passed House BLOCK VOTE (99-Y 0-N)

  11. Read third time

  12. Read second time

  13. Reported from Courts of Justice (19-Y 0-N)

  14. Referred to Committee for Courts of Justice

  15. Read first time

  16. Placed on Calendar

  17. Read third time and passed Senate (40-Y 0-N)

  18. Read second time and engrossed

  19. Constitutional reading dispensed (38-Y 0-N)

  20. Reported from Judiciary (15-Y 0-N)

  21. Referred to Committee on the Judiciary

  22. Prefiled and ordered printed; offered 01/11/23 23102260D

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 147 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (147)

147 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Subjects

public-safety finance
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Frequently asked questions

Who sponsors SB 812?
SB 812 is sponsored by Petersen, J. Chapman.
What is the current status of SB 812?
This bill has been enacted into law. Introduced December 13, 2022. Enacted.
Where can I track SB 812?
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