§ 8.01-546.2.Hearing on claim of exemption from levy or seizure.
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 § 8.01-546.2
Plain-English Summary
Attachment can freeze a debtor’s ability to pay for groceries or make payroll long before a court ever decides whether the underlying claim has merit, so Virginia gives debtors a fast track to challenge specific seizures. Once a debtor files a request for a hearing on an exemption claim, the clerk has ten business days to put it on the docket and must tell both sides — and state the exemption being claimed — when and where the hearing will happen. Rather than forcing debtors through multiple separate court dates, the statute lets this hearing ride along with a hearing under § 8.01-119 or § 8.01-568, or even with a trial on the merits, as long as everything still happens inside that ten-business-day window.
Because a sale can happen quickly once property is seized, the statute gives the court a tool to freeze that process: an interlocutory order staying the sale until the exemption hearing takes place. Absent such an order, the sheriff keeps following the writ — the clerk only needs to send the sheriff a copy of the court’s order or the hearing outcome when the writ or levy ends up dismissed or modified, and that order takes effect the moment the sheriff receives it. If the court agrees the property qualifies as exempt, the outcome is concrete: the property comes out from under the creditor’s lien, and the court orders the sheriff to hand it back to the debtor.
Frequently Asked Questions
How quickly must the court hold a hearing after a debtor requests one?
The clerk must schedule the hearing no later than ten business days after the debtor files the request.
Can the exemption hearing be combined with other proceedings?
Can the sale of attached property be paused while the exemption claim is pending?
Yes. The court may stay the sale pending the hearing by an interlocutory order.
Must the sheriff stop enforcing the writ while the exemption claim is pending?
No, unless the court orders otherwise in writing. The sheriff must keep complying with the writ until such an order is received, and the order takes effect once the sheriff gets it.
What happens to property the court finds exempt?
The court must release the exempt property from the judgment creditor’s lien and order the sheriff to return it to the judgment debtor.
Amendment History
1986, c. 341.