8.01-546.2 - Hearing on claim of exemption from levy or seizure. - Virginia Statutes

§ 8.01-546.2. Hearing on claim of exemption from levy or seizure.

A judgment debtor shall have the right to a hearing on his claim of exemptionfrom levy or seizure. If a defendant files a request for a hearing, the clerkshall (i) schedule a hearing no later than ten business days from the datethat the request is filed with the court, and (ii) notify the parties of thedate, time and place of hearing and the exemption being claimed. This hearingmay be combined with a hearing pursuant to § 8.01-119 or § 8.01-568 or with atrial on the merits if held within the ten-business day limitation.

The clerk shall notify the parties and the sheriff of the date, time andplace of hearing and the exemption being claimed. The court may stay the salepending this hearing by interlocutory order. The sheriff shall comply withthe writ unless and until ordered otherwise in writing by the court. Theorder shall take effect upon receipt by the sheriff. The clerk is required toprovide a copy of the order or the hearing disposition to the sheriff only ifthe writ or levy is dismissed or is modified by the judge. The court shallrelease all exempt property from the judgment creditor's lien and order thesheriff to return such exempt property to the judgment debtor.

(1986, c. 341.)