34-23 - How claim enforced when exemption waived, etc. - Virginia Statutes

§ 34-23. How claim enforced when exemption waived, etc.

In any proceeding for the enforcement of a claim, which by reason of thewaiver aforesaid or otherwise, is paramount to the exemption, if there be inthe county or city wherein the proceeding is estate of the debtor other thanthat which has been set apart as aforesaid, such other estate shall besubjected and exhausted before the estate so set apart is resorted to. If,however, the claim is secured by mortgage, deed of trust or other specificlien on the estate set apart, nothing in this section contained shall preventthe enforcement of the security in the first instance and before resorting toother estate of the debtor.

(Code 1919, § 6549; 1974, c. 272; 1981, c. 580.)