WEST VIRGINIA CODE
WVC 38 - 5 B- 3
§38-5B-3. Suggestee execution against salary or wages;
commencement of lien; priorities.
A suggestee execution issued under this article against
salary or wages shall become a lien and continuing levy upon sums
due or to become due to the judgment debtor as salary or wages to
an amount equal to twenty per centum thereof and no more, but in
no event shall the payments in satisfaction of such an execution
reduce the amount payable to the judgment debtor to less than
twenty dollars per week. A suggestee execution against salary or
wages shall contain the name of the judgment debtor and the
bureau, office, department, institution or subdivision thereof of
the state or political subdivision of the state, as the case may
be, of which he is an officer or employee. If a person so
employed shall resign or be dismissed while an execution issued
hereunder against his salary or wages is wholly or partly
unsatisfied, and he shall thereafter be reinstated or reemployed,
the execution shall lapse and no further deduction shall be made
with respect thereto from his salary or wages unless such
reinstatement or reemployment shall occur within ninety days
after such resignation or dismissal. A suggestee execution shall
not be affected by the transfer of the officer or employee who is
the judgment debtor from one bureau, office, department,
institution or subdivision thereof of the state or a political
subdivision to another if the officer upon whom service of the
execution was made would be the proper officer for service of a
suggestee execution against salary or wages due or to become due
to the judgment debtor in the new employment.
Such an execution shall not become a lien against salary or
wages payable by the state or a state agency within ten days
after the service thereof or payable by a political subdivision
within five days after the service thereof but shall become a
lien and continuing levy upon the salary or wages which shall
become due or owing to the judgment debtor thereafter during the
life of the execution.
Only one suggestee execution against the salary or wages of
a judgment debtor shall be satisfied at one time, except that in
the event two or more such executions have been served and
satisfaction of the one having priority is completed without
exhausting the amount of the salary or wages then due and payable
that is subject to suggestion under this article the balance of
such amount shall be paid in satisfaction, in the order of their
priority, of junior suggestee executions against such salary or
wages theretofore served.
Note: WV Code updated with legislation passed through the 2012 1st Special Session