West Virginia Procedural Requirements for Wage Garnishment

[Credit Expert]

West Virginia Procedural Requirements

On a judgment of money, there may be issued an execution known as a writ of fieri facias. W. Virginia. Code _ 3845. To ascertain the Statutee on which a writ of fieri facias issued by any court of record, or an execution issued by a justice of the peace [magistrate], is a lien, the clerk of court from which the execution issued, or, if it was issued by a justice of the peace [magistrate], the clerk of the circuit court of the county in which such justice [magistrate] resides, shall issue a summons against any debtor or bailee of the execution debtor, requiring such debtor or bailee to appear before a commissioner in chancery of the county where such debtor or bailee resides, such commissioner and his county to be named in the summons, such appearance to be made at a time and place to be designated therein, to answer upon oath such questions as shall be propounded at such time and place by counsel for the execution creditor, or by the commissioner. W. Virginia. Code _ 3851.

Upon a suggestion by the judgment creditor that a person is indebted or liable to the judgment debtor or has in the person's possession or control personal property belonging to the judgment debtor, which debt or liability could be enforced, when due, or which property could be recovered, when it became returnable, by the judgment debtor in a court of law, and which debt or liability or property is subject to the judgment creditor's writ of fieri facias, a summons against such person may be issued out of the office of the clerk of the circuit court of the county in which such person so indebted or liable, or so having such personal property, resides upon an attested copy of such writ of fieri facias being filed with the clerk to be preserved in the clerk's office, requiring such person to answer the suggestion in writing under oath. The return day of the summons shall be the next term of the court. The suggestion by the judgment creditor provided for herein shall include, to the extent possible, the present address and social security number of the judgment debtor, which information shall be made available to the person suggested for purposes of identifying the judgment debtor and facilitating a proper answer to the suggestion. W. Virginia. Code _ 38510.

If it appears from the answer of the person suggested that, at the time the writ of fieri facias was delivered to the officer to be executed, or thereafter, and before the time of the service of the summons, or the return day of the writ of fieri facias, whichever comes first, the person was indebted or liable to the judgment debtor, or had in the person's possession or under the person's control any personal property belonging to the judgment debtor, and that the person had not, before notice of the delivery of the writ of fieri facias to the officer, paid the money or delivered the property to the judgment debtor, or upon the judgment debtor's order, and that the debt or liability to pay the money or deliver the property was not evidenced by a negotiable instrument, the court may order the person to pay the amount so due from the person and to deliver the property, or any part of the money or property, to such person as the court may designate as receiver. W. Virginia. Code _ 38515.

Interest Rate at which Judgments Accrue

Every judgment or decree for the payment of money entered by any court of this Statutee shall bear interest from the date thereof, whether it be so Statuteed in the judgment or decree or not at the rate of ten dollars upon one hundred dollars per annum. If a judgment or decree, or any part thereof, is for special damages (lost wages and income, medical expenses, damages to tangible property, and similar out-of-pocket expenditures, as determined by the court) or for liquidated damages, the amount of such special or liquidated damages shall bear interest from the date the right to bring the same shall have accrued. W. Virginia. Code _ 56631. 4.0.