2006 Code of Virginia § 34-32 - Illegal to garnish such exempt wages out of Commonwealth, etc

34-32. Illegal to garnish such exempt wages out of Commonwealth, etc.

No person shall institute or permit to be instituted proceedings in his ownname or in the name of any other person or shall assign or transfer, eitherfor or without value, any claim for debt or liability of any kind held by himagainst a resident of the Commonwealth who is a laboring person and ahouseholder for the purpose of having payment of the same or any part thereofenforced out of the wages exempted by 34-29 by proceedings in attachment orgarnishment in courts or before magistrates in any other state than theCommonwealth, or to send out of the Commonwealth by assignment, transfer orin any other manner whatsoever, either for or without value, any claim ordebt against any resident thereof for the purpose or with the intent ofdepriving such person of the right to have his wages exempt from distress,levy or garnishment according to the provisions of 34-29. And the personinstituting such suit or permitting such suit to be instituted or sending,assigning, or transferring any such claim or debt for the purpose or with theintent aforesaid shall, upon conviction thereof, be fined not less than $10nor more than $100 and shall, in addition thereto, be civilly liable to theperson from whom payment of the same, or any part thereof, shall have beenenforced by attachment or garnishment or otherwise, elsewhere than in theCommonwealth, for the full amount, payment whereof shall have been soenforced, together with interest thereon and the costs of the attachment orgarnishee proceedings, as well as the costs of such action.

The amount recovered in such action shall stand on the same footing with thewages of the plaintiff under 34-29 and shall be exempt and free from anyand all liability of the plaintiff to the defendant in the way of setoff orotherwise.

The fact that the payment of a claim or debt against any person entitled tothe exemption provided for in 34-29 has been enforced by legal proceedingsin some state other than the Commonwealth in such manner as to deprive suchperson to any extent of the benefit of such exemption shall be prima facieevidence that any resident of the Commonwealth who may at any time have beenowner or holder of the claim or debt has violated this section.

(Code 1919, 6557; 1954, c. 613; 1974, c. 272; 2005, c. 839.)