A judgment debtor shall have the right to a hearing on his claim of exemption from garnishment no later than seven business days from the date that the claim is filed with the court. The clerk shall notify the parties of the date, time and place of the hearing and the exemption being claimed. The garnishee shall comply with the garnishment summons unless and until ordered otherwise in writing by the court. The order shall take effect upon receipt by the garnishee. The clerk is required to provide a copy of the order or other hearing disposition to the garnishee only if the garnishment summons is dismissed or is modified by the judge.
§ 8.01-512.5.Hearing on claim of exemption from garnishment.
Chapter 18. Executions and Other Means of Recovery · Article 7. Garnishment · Last amended 1984 · Last verified July 16, 2026
In one sentenceGuarantees a judgment debtor a hearing on an exemption claim within seven business days of filing it, requires the clerk to notify the parties of the hearing’s date, time, place, and exemption claimed, and keeps the garnishee bound to comply with the summons until the court orders otherwise in writing, effective upon the garnishee’s receipt.
Full Text of § 8.01-512.5
Plain-English Summary
Filing a claim for exemption under § 8.01-512.4 would mean little without a fast, guaranteed hearing. Section 8.01-512.5 delivers that guarantee: no later than seven business days from filing, the debtor gets a chance to make the case in front of a judge.
The clerk carries the administrative load, notifying the parties of when and where the hearing will happen and what exemption is being claimed, so nobody shows up unprepared.
While that hearing is pending, the garnishee is not left guessing whether to keep complying with the summons. The default is compliance: keep following the garnishment summons until the court says otherwise in writing, and that written order only takes effect once the garnishee receives it, not before. That protects the garnishee from being second-guessed for following the summons in good faith while a claim is pending.
One efficiency built into the process: the clerk only has to send the garnishee a copy of the hearing’s outcome if the judge dismisses or modifies the garnishment. If the court denies the exemption claim and leaves the summons intact, there is nothing new the garnishee needs to be told.
Frequently Asked Questions
How quickly must a hearing on an exemption claim be held?
No later than seven business days from the date the claim is filed with the court.
Who notifies the parties of the hearing details?
The clerk, who notifies them of the date, time, place, and the exemption being claimed.
Must the garnishee stop complying with the summons once a claim for exemption is filed?
No, the garnishee must comply with the garnishment summons unless and until the court orders otherwise in writing.
When does a court order changing the garnishment take effect?
Upon receipt of the order by the garnishee.
When does the clerk send the garnishee a copy of the hearing outcome?
Only if the garnishment summons is dismissed or is modified by the judge.
Amendment History
1984, c. 1.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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