Virginia  |  Civil Litigation

Legal Question

Asked on: 6/28/06, 7:05 pm

Bank account frozen after exemption

A couple of months ago, after I lost a judgment and was served with garnishment papers, I requested a garnishment-exemption hearing. During the hearing, I filed my homestead (personal property) exemption with the court, exempting the money in my bank account, amongst other things. Neither the plaintiff's attorney nor the judge objected or saw a problem with the exemption, as I had followed proper procedure by filing the deed in the county in which I live. However, today I find out that my bank account was frozen ANYWAY, even though I had less money in it than the maximum amount I had claimed in the exemption. Isn't this illegal? Does a judgment creditor have the right to disregard a homestead exemption?

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