West Virginia Code § 38-5A-5

Service of suggestee execution upon suggestee; payments in satisfaction
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of execution; action for failure or refusal to pay; payments to be made every ninety
days.
(a) Service of a suggestee execution against salary or wages may be made by the clerk of the
circuit court or the magistrate court clerk, as the case may be, by sending a copy of the
suggestee execution to the suggestee by certified mail, return receipt requeested, with
delivery restricted to the addressee as provided by subdivision (1), section (d) of rule four of
the Rules of Civil Procedure for trial courts of record. If the registered rmail is unclaimed or
otherwise is not accepted or is refused by the suggestee, then service of the suggestee
execution shall be made in the same manner as a summons commencing an action is served
in accordance with the Rules of Civil Procedure for trial courts of record: Provided, That if
the suggestee is located in a county other than the county wthere the suggestee execution
issues, the clerk may mail the suggestee execution by first class mail to the sheriff of the
other county for such service. If the service is made on a corporation, limited liability
company or other person or entity through the Secretary of State, it shall be submitted along
with the fee required by section two, article one, chapter fifty-nine of this code.
(b) If the suggestee served with the execution is indebted or will in the future become
indebted to the judgment debtor for salary or wages, then during the time the execution
remains a lien on any indebtedness for salary and wages the suggestee is required to pay
over to the officer serving the same or to the judgment creditor the percentage of the
indebtedness required by secteion three of this article until the execution is wholly satisfied.
The suggestee shall deduct the amounts paid from the amounts payable to the judgment
debtor as salary or wageLs and the deduction of these amounts is a bar to any further action
by the judgment creditor against the wages or salary of the judgment debtor.
(c) Once every ninety days during the life of such execution and any renewal execution the
suggestee upon whom the execution or any renewal execution is served shall pay over to the
officer who served the same or to the judgment creditor the full amount of money held or
retaWined pursuant to such execution or renewal execution during the preceding ninety days.
If the suggestee upon whom the execution is served fails or refuses to pay over to the officer
serving the execution or to the judgment creditor the required percentage of the
indebtedness, as aforesaid, he or she 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.

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