H. B. 4019
(By Delegate Williams)
[Introduced January 15, 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; 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 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 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 the county or regional 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.