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Introduced Version House Bill 2263 History

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H. B. 2263

(By Delegate Williams)
[Introduced February 11, 2005; referred to the
Committee on the Judiciary.]

A BILL to amend and reenact §38-5A-2 of the Code of West Virginia, 1931, as amended, relating to suggestions of salary and wages of persons engaged in private employment; requiring these 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; providing a criminal penalty; and exempting persons subject to child support orders from notification requirement.

Be it enacted by the Legislature of West Virginia:
That §38-5A-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

§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 may 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 are subject 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 jail not more than one year, or both fined and imprisoned. Any person subject to a child support order is exempted from providing notice under this section as to the child support order.

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.
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