H. B. 2185
(By Delegates Williams, Stalnaker, Everson and Osborne)
[Introduced January 14, 1998
; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section two, article five-a, chapter
thirty-eight of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to suggestions of
salary and wages of persons engaged in private employment;
requiring such persons to notify the clerk of the court
issuing the execution of changes of job status or employer;
making the failure to notify a misdemeanor; and providing a
criminal penalty.
Be it enacted by the Legislature of West Virginia:
That section two, article five-a, chapter thirty-eight of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 5A. SUGGESTIONS OF SALARY AND WAGES OF PERSONS ENGAGED
IN PRIVATE EMPLOYMENT.
§38-5A-2. Salary or wages subject to suggestion only as
provided in this article.
Salary or wages payable to any person engaged in private
employment, whether due and owing or to become due and owing,
shall be subject to suggestion by judgment creditors only as
provided by this article.
Notwithstanding any other provision of law to the contrary,
any person engaged in private employment whose wages have been
subjected to suggestion under the provisions of this article,
must notify the clerk of the court issuing the suggestee
execution of any change in job status or employers if the
judgment upon which the suggestee execution was issued has not
been paid in full. Any person who fails to notify the clerk of
a change in job status or employer is guilty of a misdemeanor
and, upon conviction thereof, shall be fined not less than fifty
dollars nor more than five hundred dollars, or confined in the
county or regional jail not more than one year, or both fined and
imprisoned.
NOTE: The purpose of this bill is to require persons who
have judgments against them and their wages being attached by
suggestee execution to notify the clerk of the court issuing the
execution of any change of job status or employer. Failure to do
so is made a misdemeanor.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language
that would be added.