HB 2835 Text

H. B. 2835

(By Mr. Speaker, Mr. Kiss, By Request)
[Introduced March 2, 2005 ; referred to the
Committee on the Judiciary.]

A BILL to amend and reenact §38-5B-12 of the Code of West Virginia, 1931, as amended, relating to providing that a judgment debtor may not assert anew the thousand dollar exemption for wages in two consecutive pay periods.

Be it enacted by the Legislature of West Virginia:
That §38-5B-12 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 5B. SUGGESTION OF THE STATE AND POLITICAL SUBDIVISIONS; GARNISHMENT AND SUGGESTION OF PUBLIC OFFICERS.

§38-5B-12. Exemptions.

A judgment debtor to whom money is due or to become due which would otherwise be subject to suggestion under this article may have the same exempted from levy in the manner and to the extent provided by article eight of this chapter. In the case of salary or wages the exemption may be claimed for sums currently accruing but must be asserted anew as to any salary or wages which shall begin to accrue after the next payment date: Provided, That, under no circumstances may a judgment debtor assert anew an exemption for salary or wages in two consecutive pay periods. Such exemption shall not be binding upon the state, state agency or political subdivision of which the judgment debtor is an officer or employee unless and until a certificate of exemption or true copy thereof shall have been delivered to the proper officer upon whom to make service of a suggestee execution under this article.
Money due to any lawful beneficiary thereof from any workers' compensation, unemployment compensation, pension or retirement, public assistance or relief fund or system, or under the state's emergency employment program as provided by section six, Title II of Enrolled Senate Bill No. 1 (Budget Bill), enacted by the Legislature of West Virginia, regular session, one thousand nine hundred sixty-one, or any laws amendatory of, supplementary or successor to, such program that may hereafter be enacted, shall not be subject to suggestion under this article.
Public obligations, whether in the form of bonds, notes, certificates of indebtedness, or otherwise, and whether negotiable or nonnegotiable, shall not be subject to suggestion under this article.

NOTE: The purpose of this bill is to prohibit a judgment debtor from asserting the $1,000 exemption in two consecutive pay periods.

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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