The principal defendant, if a householder or head of a family, may claim that the amount so found owing from his codefendant, or the personal property in his possession, shall be exempt from liability for the plaintiff's claim; and if it shall appear that the principal defendant is entitled to such exemption, then the court shall render a judgment against the defendant only for the excess, if any, beyond the exemption to which the principal defendant is entitled.
§ 8.01-563.Principal defendant may claim exemption.
Chapter 20. Attachments and Bail in Civil Cases · Article 3. Subsequent Proceedings Generally · Last amended 1977 · Last verified July 16, 2026
In one sentenceIf the principal defendant is a householder or head of a family, that defendant may claim that the debt or property found owed by a codefendant is exempt from the plaintiff’s claim, and if the exemption applies, the court enters judgment only for whatever amount exceeds the exempt portion.
Full Text of § 8.01-563
Plain-English Summary
The examination process under § 8.01-562 can reveal that a codefendant owes the principal defendant money or holds the principal defendant’s property — but that does not automatically mean all of it is fair game for the plaintiff’s claim. This section lets a principal defendant who qualifies as a householder or head of a family assert that the amount owed, or the property held, falls within an exemption.
When that exemption claim holds up, the consequence is not a wholesale defeat of the plaintiff’s attachment — it just shrinks it. The court enters judgment against the codefendant only for whatever exceeds the exempt amount, preserving the exemption for the defendant while still letting the plaintiff collect on the rest.
Frequently Asked Questions
Who can claim this exemption?
The principal defendant, if a householder or head of a family.
What can be claimed as exempt under this section?
The amount found owing from the codefendant, or the personal property in the codefendant’s possession that belongs to the principal defendant.
What happens if the court agrees the principal defendant is entitled to the exemption?
The court renders judgment against the codefendant only for the excess, if any, beyond the amount of the exemption.
Does this section apply to every principal defendant?
No, only to a principal defendant who qualifies as a householder or head of a family.
Does the exemption eliminate the plaintiff’s claim entirely?
Not necessarily — it only shields the exempt portion; the plaintiff may still recover any amount beyond the exemption.
Amendment History
Code 1950, § 8-551; 1977, c. 617.
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
Also known as: householder exemption attachment virginiahead of family exemption codefendant debt virginiaexempt property attachment codefendant virginia