Code of Virginia - Title 6.1 Banking And Finance - Section 6.1-289 Validity of wage assignments, chattel mortgages and other liens; exemptions unimpaired

§ 6.1-289. Validity of wage assignments, chattel mortgages and other liens; exemptions unimpaired

No assignment of or order for payment of any salary, wages, commissions, or other compensation for services, earned or to be earned, given to secure any loan made by any licensee, shall be valid unless the amount of the loan is paid to the borrower simultaneously with its execution; nor shall any such assignment or order, or any chattel mortgage or other lien on household furniture then in the possession and use of the borrower be valid unless it is in writing, signed in person by the borrower, and not by an attorney, or if the borrower is married unless it is signed in person by both husband and wife, and not by an attorney, provided nothing in this chapter shall have the effect of impairing in any manner any rights on the part of anyone as to exemptions under the poor debtors law or under any other applicable exemption law as now or hereafter enacted; but written assent of a spouse shall not be required when husband and wife have been living separate and apart for a period of at least five months prior to the making of the assignment, order, mortgage, or lien; and the provisions of this section are in addition to, and not in derogation of, the general statutes pertaining to the subject.

(Code 1950, § 6-318; 1966, c. 584.)

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Last modified: April 2, 2009