2006 Code of Virginia § 34-26 - Poor debtor\'s exemption; exempt articles enumerated

34-26. Poor debtor's exemption; exempt articles enumerated.

In addition to the exemptions provided in Chapter 2 ( 34-4 et seq.) of thistitle, every householder shall be entitled to hold exempt from creditorprocess the following enumerated items:

1. The family Bible.

1a. Wedding and engagement rings.

2. Family portraits and family heirlooms not to exceed $5,000 in value.

3. (i) A lot in a burial ground, and (ii) any preneed funeral contract not toexceed $5,000.

4. All wearing apparel of the householder not to exceed $1,000 in value.

4a. All household furnishings including, but not limited to, beds, dressers,floor coverings, stoves, refrigerators, washing machines, dryers, sewingmachines, pots and pans for cooking, plates, and eating utensils, not toexceed $5,000 in value.

5. All animals owned as pets, such as cats, dogs, birds, squirrels, rabbitsand other pets not kept or raised for sale or profit.

6. Medically prescribed health aids.

7. Tools, books, instruments, implements, equipment, and machines, includingmotor vehicles, vessels, and aircraft, which are necessary for use in thecourse of the householder's occupation or trade not exceeding $10,000 invalue, except that a perfected security interest on such personal propertyshall have priority over the claim of exemption under this section. A motorvehicle, vessel or aircraft used to commute to and from a place of occupationor trade and not otherwise necessary for use in the course of such occupationor trade shall not be exempt under this subdivision. "Occupation," as usedin this subdivision, includes enrollment in any public or private elementary,secondary, or career and technical education school or institution of highereducation.

8. A motor vehicle, not held as exempt under subdivision 7, owned by thehouseholder, not to exceed $2,000 in value, except that a perfected securityinterest on the motor vehicle shall have priority over the claim of exemptionunder this subdivision.

The value of an item claimed as exempt under this section shall be the fairmarket value of the item less any prior security interest.

The monetary limits, where provided, are applicable to the total value ofproperty claimed as exempt under that subdivision.

The purchase of an item claimed as exempt under this section with nonexemptproperty in contemplation of bankruptcy or creditor process shall not bedeemed to be in fraud of creditors.

No officer or other person shall levy or distrain upon, or attach, sucharticles, or otherwise seek to subject such articles to any lien or process.It shall not be required that a householder designate any property exemptunder this section in a deed in order to secure such exemption.

(Code 1919, 6552; 1934, p. 371; 1936, p. 322; 1956, c. 637; 1970, c. 428;1975, c. 466; 1976, c. 150; 1977, cc. 253, 496; 1990, c. 942; 1992, c. 644;1993, c. 150; 2001, c. 483; 2002, c. 88.)