What Property Is Exempt From Creditors in Virginia?

In Virginia, one rule surprises almost everyone: the state's homestead exemption is not automatic. Unlike most states, Virginia requires you to take affirmative action—you must file a recorded document called a "homestead deed" in the circuit court to claim the exemption for cash, bank accounts, equity, and most general property (Va. Code § 34-4, § 34-6, and § 34-17). If you never file the homestead deed, a judgment creditor can reach property that you were legally entitled to protect. As of recent law, the homestead exemption shields up to $25,000 in value for real property used as a principal residence and $5,000 in other property, plus an extra amount for each dependent. Because the General Assembly has adjusted these figures and there are deadlines for filing the deed, confirm the current amounts and timing before you act.

The homestead exemption and the homestead deed

Virginia's homestead exemption (Va. Code § 34-4) lets a "householder" protect a set dollar value of real or personal property of their choosing from most unsecured creditors who hold a money judgment. As of 2026 the principal-residence amount is generally $25,000, with a smaller general figure (around $5,000) for other property and an additional allowance per dependent. Disabled veterans may claim an additional homestead exemption under Va. Code § 34-4.1. Because the legislature periodically raises these numbers, verify the exact current figures with the Code of Virginia before relying on them.

The catch is procedure. To make the exemption stick, you must record a homestead deed—a sworn document listing the specific property you are claiming and its value—in the circuit court of the city or county where you live (or where the property is located). The exemption is not self-executing. In a garnishment or levy, you generally must record the homestead deed and assert the claim by the return date set on the court papers; in a bankruptcy, Virginia law sets a short window (typically within five days after the creditors' meeting). Miss the deadline and you can lose the protection, so act quickly and check the exact deadline in Va. Code § 34-17.

Your wages: Virginia follows the federal garnishment cap

Virginia does not give debtors a more generous wage rule than federal law—it tracks it. Under Va. Code § 34-29, a creditor with an ordinary judgment may garnish only the lesser of (1) 25% of your disposable earnings, or (2) the amount by which your weekly disposable earnings exceed 30 times the federal minimum wage. This mirrors the federal Consumer Credit Protection Act (CCPA). Importantly, Virginia uses the federal minimum wage ($7.25 per hour) for the 30-times calculation—not Virginia's higher state minimum wage—so the protected floor is lower than many people expect. "Disposable earnings" means pay left after legally required deductions such as taxes and Social Security.

Different limits apply to certain debts. Child and spousal support, taxes, and some other obligations can reach a larger share of your paycheck. If your wages are being garnished for an ordinary consumer debt and more than 25% is being taken, that is a red flag worth challenging.

The "poor debtor's exemption": car, tools, and household goods

Separate from the homestead exemption, Virginia's "poor debtor's exemption" (Va. Code § 34-26) protects specific categories of personal property without requiring a homestead deed—these are automatic. Commonly protected items include:

• Household furnishings (furniture, appliances) up to a set value—currently in the range of $5,000.
• Wearing apparel up to roughly $1,000.
• The family Bible, wedding and engagement rings, and family portraits and heirlooms up to a capped value.
• Pets (animals not kept for sale or profit).
• Medically prescribed health aids.
• A lot in a burial ground.

Two items matter most to working families:

• One motor vehicle is exempt up to a capped value (currently around $6,000 in equity) under Va. Code § 34-26(8). If your car is worth less than the cap, or you owe enough that your equity is below it, a judgment creditor generally cannot force its sale.
• Tools, books, and instruments of your trade or profession are exempt up to a cap (currently around $10,000) under Va. Code § 34-26(7), which protects the equipment you need to keep earning a living. Farmers have additional protections under Va. Code § 34-27.

Dollar caps in § 34-26 change from time to time, so confirm the current figure for any item before you rely on it.

Retirement accounts and pensions

Most retirement savings are strongly protected. Employer plans governed by the federal ERISA statute—such as 401(k) and most pension plans—are generally beyond the reach of judgment creditors under federal law. Virginia adds its own protection in Va. Code § 34-34 for retirement benefits, including IRAs, though the IRA protection has limits tied to amounts reasonably necessary for support and to contribution rules. Government and certain public-employee retirement benefits have additional statutory protection. If a creditor levies a bank account that holds rolled-over or recently deposited retirement funds, you may still need to identify and claim those funds as exempt.

Social Security, unemployment, and other public benefits

Federal and state law shield a range of public benefits from ordinary creditors:

• Social Security and SSI are protected under federal law (42 U.S.C. § 407). Federal regulations also require banks to automatically protect up to two months of directly deposited Social Security and similar federal benefits when a creditor levies an account.
• Unemployment compensation is exempt under Va. Code § 60.2-600.
• Workers' compensation benefits are protected under Va. Code § 65.2-531.
• Public assistance (such as TANF) is protected under Va. Code § 63.2-506.

These protections do not always apply to government claims (for example, certain federal debts or child support can reach Social Security), but they generally block private debt collectors.

How to claim your exemptions against a garnishment or bank levy

Exemptions are rights you usually must assert—they are not always applied for you. Practical steps:

• Act on the deadline. Garnishment and levy papers list a return date or hearing date. To claim the homestead exemption, record your homestead deed and file your claim with the court by that date.
• File a claim of exemption. Virginia courts provide forms (such as the garnishment exemption claim and request for hearing) that let you tell the court which funds or property are exempt—for example, wages over the protected amount, Social Security, or unemployment.
• Identify protected deposits. If exempt funds (Social Security, unemployment, child support) were frozen in a bank levy, document the source with bank statements and ask the court to release them.
• Request a hearing. A general district court judge can rule on your exemption claim and order wrongly seized funds returned.
• Get help. Legal aid societies and the Virginia State Bar's lawyer referral service can assist, and exemption claims are often resolved without a full trial.

Remember the key distinction: the § 34-26 personal-property exemptions (car, tools, household goods) are automatic, but the § 34-4 homestead exemption for cash and general property requires the recorded homestead deed.

Where to verify and get help

For the controlling text and current dollar amounts, read Title 34 of the Code of Virginia (the exemption statutes) and Va. Code § 34-29 (wages). For collection abuses—harassment, false threats, or attempts to seize plainly exempt benefits—the federal Fair Debt Collection Practices Act (FDCPA) and Fair Credit Reporting Act (FCRA) provide additional rights. You can file a complaint with the Office of the Attorney General of Virginia, Consumer Protection Section, which handles consumer complaints and enforces the Virginia Consumer Protection Act. Because exemption amounts and deadlines change, confirm the current figures with the Code of Virginia or a Virginia attorney before you rely on any specific number in this article.

Official Virginia Sources

This page is based on Virginia law. Limits and deadlines change — verify the current details directly with the official Virginia sources below. This is general legal information, not legal advice.

• Virginia Attorney General - Consumer Protection Section — official Virginia agency.
• File a Consumer Complaint - Virginia Office of the Attorney General
• Virginia Consumer Protection Act (Va. Code Title 59.1, Ch. 17, §§ 59.1-196 et seq.)

Federal law also applies. Federal laws like the Fair Debt Collection Practices Act and Fair Credit Reporting Act protect you nationwide, on top of Virginia’s own rules.