65.2-531 - Assignments of compensation; exemption from creditors' claims.
§ 65.2-531. Assignments of compensation; exemption from creditors' claims.
A. No claim for compensation under this title shall be assignable. Allcompensation and claims therefor shall be exempt from all claims ofcreditors, even if the compensation is used for purchase of shares in acredit union, or deposited into an account with a financial institution orother organization accepting deposits and is thereby commingled with otherfunds. However, benefits paid in compensation or in compromise of a claim forcompensation under this title shall be subject to claims for spousal andchild support subject to the same exemptions allowed for earnings in § 34-29.
B. Upon an order of garnishment, attachment or other levy addressed to afinancial institution in which the principal defendant claims to have exemptfunds hereunder, the principal defendant may file an answer asserting theexemption hereunder. From the time of service of such garnishment, attachmentor levy, the financial institution, until further order of the court, shallhold the amount subject to such garnishment, attachment or levy, or suchlesser amount or sum as it may have, which amount shall be set forth in itsanswer. It shall hold such amount free of any person drawing against suchfunds whether by check against such account or otherwise. The financialinstitution shall be subject to such further order or subpoena for discoveryof its records, for which it shall be entitled an order or agreement forcompensation for the expense of such service, and in a case deemedappropriate to the court by such an order directing deposit of funds orfurther security prior to such records being ordered produced.
(Code 1950, § 65-79; 1968, c. 660, § 65.1-82; 1987, c. 331; 1990, c. 747;1991, c. 355; 1997, cc. 796, 895.)