States / Virginia / HB 445

HB 445 Enacted

Debtor's disposable earnings; exemptions form garnishment, exemptions in bankruptcy proceedings.

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CHAPTER 143

An Act to amend and reenact § 34-29 of the Code of Virginia, relating to exemptions from garnishment; exemptions in bankruptcy proceedings; disposable earnings.

[H 445]

Approved April 6, 2026

Be it enacted by the General Assembly of Virginia:

1. That § 34-29 of the Code of Virginia is amended and reenacted as follows:

§ 34-29 . Maximum portion of disposable earnings subject to garnishment.

(a) Except as provided in subsections (b) and (b1), the maximum part of the aggregate disposable earnings of an individual for any workweek that is subjected to garnishment may not exceed the lesser of the following amounts:

(1) Twenty-five percent of his disposable earnings for that week; or

(2) The amount by which his disposable earnings for that week exceed 40 times the federal minimum hourly wage prescribed by 29 U.S.C. § 206(a)(1) or the Virginia minimum hourly wage prescribed by § 40.1-28.10 , whichever is greater, in effect at the time earnings are payable.

In the case of earnings for any pay period other than a week, the State Commissioner of Labor and Industry shall by regulation prescribe a multiple of the federal or Virginia minimum hourly wage equivalent in effect to that set forth in this section.

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