Conversely, the exemption of wages from the debtor's bank account is not subject to a homestead filing. The maximum allowable deduction from a debtor's personal account, when the monies therein stem from payments for work done, is 25% (limit of max garnishment in VA). Be prepared to argue "source of funds." See VA Code §34-29.
The format to file with the circuit court is:
NOTE: There is a difference between personal property and real-property. Be sure to indicate the filing when making it -- or use both if combining different exemptions!
See VA Code §34-14 (Personal Property)
HOMESTEAD DEED FOR PERSONAL PROPERTY
Name of Householder ____________________________________________
Is the householder a disabled veteran entitled to claim the additional exemption under § 34-4.1?
Address of Householder _________________________________________
Name(s) and age(s) of dependent(s) _____________________________
County/city in which householder resides _______________________
Description of property claimed as exempt and its value
________________________________________________________________
Number of homestead deeds that have been filed by the Householder
________________________________________________________________
Exemption amount previously claimed on prior homestead deeds
________________________________________________________________
List the jurisdictions where previous homestead deeds were filed
________________________________________________________________
________________________________________ (Signature of Householder)
STATE: COUNTY: This document was acknowledged before me by _______________________ or _______________________.
Signature of Notary:
Printed Name of Notary:
My commission expires:
My commission ID:
See VA Code §34-6 (Personal Property)
HOMESTEAD DEED FOR REAL PROPERTY
Name of Householder _______________________________________________
Name of title holder of record (if different) _____________________
Is the householder a disabled veteran entitled to claim the additional exemption under § 34-4.1?
Address of Householder ____________________________________________
Name(s) and age(s) of dependent(s) ________________________________
County/city/state in which real property claimed as exempt is located
___________________________________________________________________
Description of property claimed as exempt _________________________
___________________________________________________________________
Value of property described above _________________________________
Number of homestead deeds that have been filed by the Householder
___________________________________________________________________
Exemption amount previously claimed on prior homestead deeds
___________________________________________________________________
List the jurisdictions where previous homestead deeds were filed
___________________________________________________________________
________________________________________ (Signature of Householder)
STATE: COUNTY: This document was acknowledged before me by _______________________ or _______________________.
Signature of Notary:
Printed Name of Notary:
My commission expires:
My commission ID:
Do you have a question about bankruptcy law? We practice in many different Federal jurisdictions -- we would be glad to chat with you about your questions and your case. 1-800-579-9864 or admin@hanoverlawpc.com.
| Hanover Law, PC | ||
| Offices in Fairfax, VA and Washington, DC | ||
| www.hanoverlawpc.com | ||
| 2751 Prosperity Ave, Ste 150 Fairfax, VA 22031 |
Sean R. Hanover, Esq. Stephen Salwierak, Esq. |
Lili O'connell, Esq. Charles Hatley, Esq. |
| 1-800-579-9864 | admin@hanoverlawpc.com |
