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:
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
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.