§ 8.01-546.1.Exemption claims form.
Chapter 20. Attachments and Bail in Civil Cases · Article 2. Summons; Levy; Lien; Bonds, Etc · Last amended 1986 · Last verified July 16, 2026
Full Text of § 8.01-546.1
Plain-English Summary
Some sections of the attachment statutes deal with high-stakes questions — what property can be seized, who bears the burden of proof. This one handles something more basic but no less necessary: making sure debtors have a way to ask for protection. It puts the job of designing the exemption-claim form in the hands of the Supreme Court of Virginia, rather than leaving each circuit or general district court to draft its own version.
Once designed, the form has to reach the people who hand it to debtors in the first place — every court authorized to issue attachments and every magistrate. That distribution requirement matters because attachments often move fast and start with a magistrate rather than a judge, so the form needs to be on hand at the point where the writ is issued, not filed away somewhere a debtor would never think to look. Section 8.01-546 requires that this form travel with every summons, and § 8.01-546.2 spells out what happens once a debtor files it.
Frequently Asked Questions
Who is responsible for designing the exemption claim form?
The Supreme Court of Virginia designs the form used to request a hearing on a claim of exemption from levy or seizure.
Which courts must have the exemption form available?
Every court authorized to issue attachments must have the form, and it must also be provided to all magistrates.
What is the form used for?
A debtor uses it to request a hearing or to claim that particular property is exempt from levy or seizure under an attachment.
Why does the statute require magistrates to have the form, not just courts?
Magistrates are often the officials who issue attachments in the first instance, so the form needs to be available wherever the writ originates, not only at the courthouse.
Does this section explain what happens once a debtor submits the form?
No. This section only requires the form to be designed and distributed; § 8.01-546.2 governs the hearing that follows once a debtor files it.
Amendment History
1986, c. 341.