H. B. 2135
(By Delegate Williams)
[Introduced February 14, 2001
; 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 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 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
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 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.
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