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.