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ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2477
(
By Delegates Hrutkay, Beane, Craig, Webster and Amores
)
[Passed April 6, 2005; in effect ninety days from passage.]
A BILL to amend and reenact §38-8-3
of
the Code of West Virginia,
1931, as amended; and to amend and reenact §46A
-2-136
, all
relating to exemptions from execution or other judicial
process of certain personal property.
Be it enacted by the Legislature of West Virginia:
That §
38-8-3 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that §46A
-2-136 be amended and
reenacted, all
to read as follows:
CHAPTER 38. LIENS.
ARTICLE 8. EXEMPTIONS FROM LEVY.
§38-8-3. Method of claiming exemption on personal property.
When a debtor claims personal property as exempt under the
provisions of this article, he or she shall deliver to the officer
holding the execution or other process, a list by separate items
with the fair market value of each item, according to the belief of
the debtor, of all personal property and estate owned or claimed b the debtor, including money, bonds, bills, notes, claims and
demands, along with the address of the person so indebted. The
list shall also set forth with respect to each item of personal
property and estate the name and address of the holder of and the
current amount owing on each lien thereon other than judicial liens
obtained by legal or equitable proceedings. The debtor shall verify
such list, valuation and lien indebtedness by affidavit, which
affidavit shall also show that the debtor is entitled to the
exemption, and shall specify the character in which he claims to be
so entitled, as for example, that he is a husband. If the value of
the property named in the list exceeds, as stated therein, the
maximum allowed amounts set forth in section one of this article,
the debtor shall state at the foot thereof what part of the
property he claims as exempt,; but if such value does not exceed
the allowed amount, as so stated, the claim of exemption shall be
held to extend to the whole thereof without stating more; and if no
appraisement thereof be demanded, as hereinafter provided, the
property so claimed shall be set apart to the debtor as exempt. If
the husband, wife, parent or other head of a household owning such
property be absent, or incapable of acting, or neglect or decline
to act, the claim may be made, the list delivered, and the
affidavit made by another member of the family, with the same
effect as if made by the owner, and the claim may be made, the list
delivered, and the affidavit made on behalf of infant children by
the guardian thereof or someone standing in loco parentis thereto. The officer shall immediately, upon receipt of the list, exhibit
the same to the creditor, his or her agent or attorney.
CHAPTER 46A. WEST VIRGINIA CONSUMER CREDIT AND PROTECTION ACT.
ARTICLE 2. CONSUMER CREDIT PROTECTION.
§46A-2-136. Personal property exemptions.
Any consumer residing in this state may set apart and hold
personal property to be exempt from execution or other judicial
process resulting from consumer credit transactions or consumer
leases, except for the purchase money due on such property, in such
amounts as follows: Children's books, pictures, toys and other
such personal property of children; all medical health equipment
used for health purposes by the consumer, his or her spouse and any
dependent of such consumer; and personal property set apart and
held as exempt pursuant to section one, article eight, chapter
thirty-eight of this code. When a consumer claims personal
property as exempt under the provisions of this section, he or she
shall deliver a list containing all the personal property owned or
claimed by him or her and all items of such property he or she
claims as exempt hereunder, with the value of each separate item
listed according to his or her best knowledge, to the officer
holding the execution or other such process. Such list shall be
sworn to by affidavit. If the value of the property named in such
list exceeds the amounts specified in this section, the consumer
shall state at the foot thereof what part of such property he or she claims as exempt. If such value does not exceed the amounts
specified in this section, the claim of exemption shall be held to
extend to the whole thereof without stating more and, if no
appraisement is demanded, the property so claimed shall be set
aside as exempt. Where the consumer owning exempt property is
absent or incapable of acting or neglects or declines to act
hereunder, the claim of exemption may be made, the list delivered
and the affidavit made by his or her spouse or by or on behalf of
a dependent of the consumer, with the same effect as if the owner
had done so. Upon receipt of such a list, the officer to whom it
is given shall immediately exhibit such list to the creditor or his
or her agent or attorney. The rights granted and procedures
provided in article eight, chapter thirty-eight of this code shall
apply to any proceeding under this section, except that the
provisions of section three of such article shall not apply.