What it means for you
Since July 1, 2026, when a creditor garnishes a Virginia bank account, the bank must automatically keep up to $1,000 available to you, plus recent benefits like Social Security. The state-law protections are automatic; you do not have to go to court to claim them.
Who benefits: Virginians whose bank accounts are garnished over a debt, such as credit card or medical debt, including people who get Social Security, veterans' benefits, unemployment, or other public benefits by direct deposit.
When a creditor gets a court order to garnish your bank account in Virginia, your bank now has to protect some of your money on its own. It must leave up to $1,000, counted across all your accounts at that bank, where you can still use it. If you have more than that, the bank also has to look back two months and protect benefits that arrived by direct deposit, such as Social Security, veterans’ benefits, unemployment, or workers’ compensation. The $1,000 rises with inflation every three years, starting in 2027.
You don’t have to apply or go to a hearing. Before this law, people generally had to claim comparable state exemptions in court themselves, and many needed a lawyer to do it. Federal rules already automatically protected certain federal benefits, including Social Security and veterans’ benefits. The new automatic protections don’t apply when the debt is child or spousal support. You can still claim any other protections the law allows.
Del. Phil Hernandez of Norfolk led the fight. “Under current law, when a garnishment hits your bank account you can be taken to zero overnight,” he said. His 2025 bill to protect $5,000 failed. Advocates wanted $5,000 and creditors offered $500, and Hernandez and Sen. Schuyler VanValkenburg, who carried the identical Senate bill, settled on $1,000. The House passed it 92–6 and the Senate 20–18. Gov. Abigail Spanberger signed it on April 13, 2026, and it took effect July 1.
Lower costsRights
Sources
- HB 601, 2026 Regular SessionVirginia Legislative Information System, April 13, 2026
- Virginia HB 601 (2026)Legilist
- VA HB 601 (2026) roll callsPolicyRisk
- VA SB 301 (2026) roll callsPolicyRisk
- New Virginia garnishment rules shift burden to banksWoods Rogers
- Virginia enacts law requiring financial institutions to exempt benefit payments, $1,000 balance from garnishmentOrrick InfoBytes, May 8, 2026
- New Virginia law shifts responsibility for protecting garnished funds to banksWDBJ, July 13, 2026
- Bank account garnishment limit likely to get to the governor's deskWHRO Public Media, February 13, 2026
- Legislation would keep debt collectors from the last $5,000 in someone's bank accountWVTF, December 28, 2024
How we checked this
Drafted by Claude Opus 5.5 (Anthropic) on November 11, 2026. Checked against its sources by GPT-5.6-sol (OpenAI) on November 12, 2026, which corrected it. Confirmed the enacted text, final vote totals, credits, effective date, and current Code status. Corrected the implication that all benefit exemptions previously required court action; federal rules already automatically protected certain federal benefit deposits.
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