H. B. 2586
(By Delegates Beane, Gallagher, Manuel and Johnson)
[Introduced February 21, 1995; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section five, article five-a, chapter
thirty-eight of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to permitting the
magistrate clerk to issue a suggestion in the county where
the judgment is entered and mail it to the sheriff of
another county for service.
Be it enacted by the Legislature of West Virginia:
That section five, 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-5. Service of suggestee execution upon suggestee;
payments in satisfaction of execution; action for
failure or refusal to pay; payments to be made every ninety days.
A suggestee execution issued under this article against
salary or wages shall be served upon the suggestee in the same
manner as a summons commencing an action is served. Any court or
the clerk of any court, including the circuit court and the
magistrate court, may issue a suggestion in the county where the
judgment is entered and mail it to the sheriff of another county
for service. It shall be the duty of any person upon whom such
an execution, bearing the notation required by section four
hereof, shall be served, and who shall at that time be indebted
or who shall thereafter become indebted to the judgment debtor
named in the execution for salary or wages, and while the
execution shall remain a lien upon said indebtedness, to pay over
to the officer serving the same or to the judgment creditor such
amount of said indebtedness as is required by section three
hereof during the life of the execution until it shall be wholly
satisfied. The sums so paid shall be deducted from the amounts
payable to the judgment debtor and such payment shall be a bar to
any action by him therefor.
The suggestee upon whom the execution or any renewal
execution is served shall once every ninety days during the life
of such execution and any renewal execution pay over to the
officer who served the same or to the judgment creditor the full
amount of money held or retained pursuant to such execution or renewal execution during the preceding ninety days.
If the suggestee upon whom the execution shall be served,
shall fail or refuse to pay over to the officer serving the
execution or to the judgment creditor the required percentage of
the indebtedness, as aforesaid, he shall be liable to an action
therefor by the judgment creditor named in the execution and the
amount recovered in the action shall be applied in satisfaction
of the execution.
NOTE: The purpose of this bill is to permit the magistrate
clerk to issue a suggestion in the county where the judgment is
entered and mail it to the sheriff of another county for service.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.