Bill Text: WV SB81 | 2017 | Regular Session | Introduced
Bill Title: Increasing wages of judgment debtor that may be exempt from execution by judgment creditor
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-02-08 - Senator Jeffries requests to be removed as sponsor of bill [SB81 Detail]
Download: West_Virginia-2017-SB81-Introduced.html
WEST virginia Legislature
2017 regular session
Introduced
Senate Bill 81
By Senator Sypolt
[Introduced February
8, 2017; referred
to the Committee on Government Organization; and then to the Committee on the
Judiciary]
A BILL to amend and reenact §38-5B-2 of the Code of West Virginia, 1931, as amended, relating to suggestions of salary and wages of persons engaged in public employment; increasing the amount of salary or wages of persons engaged in public employment that are protected from a suggestee execution from thirty times the federal minimum hourly wage then in effect to fifty times the federal minimum hourly wage then in effect; and making technical changes.
Be it enacted by the Legislature of West Virginia:
That §38-5B-2 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-2. Application for suggestee execution against money from state, state agency or political subdivision; extent of lien and continuing levy; priority among suggestee executions.
A judgment creditor may apply
to the court in which the judgment was recovered or a court having jurisdiction
of the same, without notice to the judgment debtor, for a suggestee execution
against any money due or to become due within one year after the issuance of
the same to the judgment debtor from the state, a state agency, or any
political subdivision of the state. If satisfactory proof shall be is
made, by affidavit or otherwise, of such facts, and, where the execution is
sought against salary or wages, of the fact that the amount due or to become
due as salary or wages after the deduction of state and federal taxes exceeds
in any week thirty fifty times the federal minimum hourly
wage then in effect, the court, if not a court of record, or if a court of
record, the clerk thereof, shall issue a suggestee execution against such money
due or to become due to the judgment debtor, and there shall be entered on the
face thereof the day and hour of issuance.
Such The execution and the expenses thereof shall,
when served by the officer to whom delivered for collection in the manner
hereinafter provided, upon the state, a state agency or political subdivision
from which such money is due or may thereafter become due to the judgment
debtor, become a lien and continuing levy upon the sums due or to become due to
the judgment debtor within one year after the issuance of the same execution
(but not to exceed twenty per centum of the salary or wages due to such the
judgment debtor or reduce the amount received by him or her per week to
an amount less than thirty fifty times the federal minimum hourly
wage then in effect) unless sooner satisfied and paid, vacated or modified as
hereinafter provided.
Where more than one
suggestee execution shall have has been issued pursuant to the
provisions of this section against the same judgment debtor, they shall be
satisfied in the order of priority in which they are served upon the state,
state agency or political subdivision from which such the money
is due or shall becomes due. For purposes of determining such the
priority the time that an execution served by mail, as hereinafter provided shall
be is received, and not the time of admission of service shall
control. In the case of two or more executions received in the same mail
delivery priority shall be accorded the one first issued.
NOTE: The purpose of this bill is to increase the salary or wages of a judgment debtor, that may be exempt from execution by a judgment creditor, who is an employee of state, a state agency, or any political subdivision of the state, from 30 to 50 times the federal minimum hourly wage (then in effect). This increased exemption was changed for private employees who are judgment debtors during the 2016 Regular Session but the counterpart statute for public employees was inadvertently omitted.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
