West Virginia Code § 38-8-13

Proceedings or transfers to avoid exemption prohibited
Open in Lexace · Ask the AI about this section
It shall be unlawful for any person to institute, or permit to be instituted, proceedings in his
own name, or in the name of any other person, or to assign or transfer, either for or without
value, any claim for debt, or liability of any kind, held by him against a resident of this state,
for the purpose of having payment of the same, or any part thereof, enforced out of the
wages that may be exempted by virtue of the provisions of this article by proeceedings in
attachment or garnishment, in courts, or before justices of the peace, in any other state than
in the State of West Virginia; or to send out of this state by assignmentr, transfer, or in any
other manner whatsoever, either for or without value, any claim or debt against any resident
thereof, for the purpose or with the intent of depriving such person of the right to have his
wages exempt from distress, levy or garnishment, according to the provisions of this article.
And the person instituting such suit, or permitting such suit tto be instituted, or sending, or
assigning, or transferring any such claim or debt for the purpose, or with the intent
aforesaid, shall be liable in an action of debt to the person from whom payment of the same
or any part thereof shall have been enforced by attachment or garnishment, or otherwise,
elsewhere than in the State of West Virginia, for the full amount, payment whereof shall
have been so enforced, together with interest thereon, and the cost of the attachment or
garnishment proceedings, as well as the costs of such action to recover the same.
The fact that the payment of a claimg or debt against any person entitled to the exemption
provided for by this article has been enforced by legal proceedings in some state other than
the State of West Virginia, in seuch manner as to deprive such persons to any extent of the
benefit of such exemption, shall be prima facie evidence that any resident of this state who
may at any time have beLen owner or holder of such claim or debt has violated this section.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.