Request For Hearing Garnishment Exemption Claim W-Instructions {DC-454} | Pdf Fpdf Doc Docx | Virginia

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Request For Hearing Garnishment Exemption Claim W-Instructions {DC-454} | Pdf Fpdf Doc Docx | Virginia

Last updated: 8/18/2023

Request For Hearing Garnishment Exemption Claim W-Instructions {DC-454}

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FORM DC-454 - REQUEST FOR HEARING – GARNISHMENT/LIEN EXEMPTION CLAIM. The attached Summons in Garnishment or Notice of Lien has been issued on request of a creditor who holds a judgment against you. The Summons may cause your property or wages to be held or taken to pay the judgment. The law provides that certain property and wages cannot be taken in garnishment. Such property is said to be exempted. A summary of some of the major exemptions is set forth in the request for hearing form. There is no exemption solely because you are having difficulty paying your debts. If you claim an exemption, you should (i) fill out the claim for exemption form and (ii) deliver or mail the form to the clerk’s office of this court. You have a right to a hearing within seven business days from the date you file your claim with the court. If the creditor is asking that your wages be withheld, the method of computing the amount of wages that are exempt from garnishment by law is indicated on the Summons in Garnishment attached. You do not need to file a claim for exemption to receive this exemption, but if you believe the wrong amount is being withheld, you may file a claim for exemption. On the day of the hearing, you should come to court ready to explain why your property is exempted, and you should bring any documents that may help you prove your case. If you do not come to court at the designated time and prove that your property is exempt, you may lose some of your rights. If you do not claim an exemption and do not otherwise contest the garnishment, you are not required to appear in court on the return date on the Garnishment Summons. It may be helpful for you to seek the advice of an attorney in this matter. VA. CODE § 8.01-512.4.

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