HB 4105 Text

COMMITTEE SUBSTITUTE
FOR
H. B. 4105
(By Delegates Williams and Tabb)

(Originating in the Committee on the Judiciary)

[February 10, 2006]

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.

(a) 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.
(b)(1) 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 of employers as long as the suggestee execution is still in force.
(2) When a suggestee execution is issued, the notice served on the judgment debtor, as provided for in section four of this article, shall also inform the judgment debtor that in the event he or she leaves employment and changes employers while the suggestee execution is in force, that he or she must notify the clerk of the issuing court, in writing, within two weeks after becoming reemployed , of the the name and address of the judgment debtor's new employer.
(3) Any person who wilfully fails to notify the clerk of a change of employer with the intent to avoid execution against his or her salary or wages, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars, or confined in jail not more than ninety days, or both fined and confined. Any person subject to a child support order is exempted from providing notice under this section as to the child support order.

Print On Demand