Most people have heard of Virginia’s “homestead exemption.” Fewer know that Virginia law also provides a second, separate set of protections for specific personal property, known as the poor debtor’s exemption under Va. Code Section 34-26. This exemption applies in addition to the homestead exemption — it doesn’t share the same dollar cap.
What the Poor Debtor’s Exemption Protects
Every householder in Virginia may claim the following as exempt from creditor process, regardless of the general homestead allowance:
- The family Bible — no dollar limit.
- Wedding and engagement rings — no dollar limit.
- Family portraits and family heirlooms — up to $5,000.
- A burial plot, plus a preneed funeral contract — up to $5,000.
- Wearing apparel (clothing) — up to $1,000.
- Household furnishings — beds, dressers, floor coverings, stoves, refrigerators, washing machines, dryers, sewing machines, and kitchen items — up to $5,000.
- Firearms — up to $3,000 total.
- Pets kept as companions, not for sale or profit — no dollar limit.
- Medically prescribed health aids — no dollar limit.
- Tools, books, instruments, equipment, and machines — including vehicles, vessels, and aircraft — necessary for your job or trade, up to $10,000. A lender with a perfected security interest, such as an equipment loan, is still paid first.
- A motor vehicle not already claimed above — up to $10,000.
- Tax refunds — the Child Tax Credit, Additional Child Tax Credit, or Earned Income Credit portion.
- Unpaid spousal or child support.
Values are based on fair market value, less any prior security interest, and each dollar limit applies to the total value of everything claimed in that category, not per item.
How This Differs from the Homestead Exemption
The homestead exemption under Va. Code Section 34-4 lets a householder protect $5,000 in money, debts, or other property ($10,000 if you’re 65 or older), plus $500 for each dependent, plus up to $50,000 in real or personal property used as your principal residence. The poor debtor’s exemption under Section 34-26 is explicitly “in addition to” these amounts — claiming your family’s furnishings or a work vehicle under Section 34-26 doesn’t reduce what you can still protect under the Virginia homestead exemption. See our full breakdown of the personal property exemption for how much you can claim and how to set it apart.
Do You Have to List These Items on a Deed?
By statute, a householder is not required to designate poor debtor’s exemption property in a deed to secure the exemption. In practice, though, if a creditor is actively garnishing your wages or bank account, the property or funds you’re protecting still need to be identified and claimed correctly through the homestead deed and exemption hearing process, which is why accuracy matters before you file.
These Amounts Will Change
Every three years, starting April 1, 2027, each dollar limit in Section 34-26 (and the homestead exemption amounts in Section 34-4) will be adjusted for inflation based on the Consumer Price Index. We’ll keep this page updated as those adjustments take effect.
Protect What the Law Allows
If a creditor is garnishing your wages or has frozen your bank account, a properly prepared Virginia homestead deed lets you claim both the homestead exemption and the poor debtor’s exemption items that apply to your situation, prepared to meet Virginia’s format and content requirements before it’s filed.
Sources: Code of Virginia Section 34-26 and Section 34-4, law.lis.virginia.gov, verified current as of July 8, 2026. This page provides general information and is not legal advice.