West Virginia Wage Garnishment After Judgment — Suggestee Execution Guide
Wage garnishment is often the most effective way to collect a West Virginia judgment, especially when the debtor has steady employment but no intention of paying voluntarily. West Virginia calls this a "suggestee execution" — a continuous withholding order that pulls money directly from the debtor's paycheck for up to a year.
How Much Can Be Garnished
West Virginia's wage garnishment formula is stricter than federal law, meaning less can be taken per paycheck. The weekly withholding is capped at the lesser of:
- 20% of disposable earnings (gross pay minus mandatory federal and state taxes), or
- The amount by which disposable earnings exceed $362.50 (50 times the $7.25 federal minimum wage)
If the debtor's weekly disposable earnings are $362.50 or less, nothing can be garnished at all — their wages are fully protected.
Here's how the dual test plays out at different income levels:
| Weekly Disposable Earnings | 20% Test | Excess Over $362.50 | Amount Garnished |
|---|---|---|---|
| $350 | $70 | $0 | $0 (fully protected) |
| $400 | $80 | $37.50 | $37.50 |
| $500 | $100 | $137.50 | $100 |
| $800 | $160 | $437.50 | $160 |
The lower number always controls. At moderate incomes the excess test limits garnishment more; at higher incomes the 20% cap kicks in.
Filing the Suggestee Execution
You file Form SCA-C&M640NP (Affidavit for Suggestee Execution) with the Magistrate Court Clerk. The form requires:
- The debtor's full legal name and address
- The employer's name and address
- The debtor's Social Security number in redacted format (XXX-XX-XXXX)
- The judgment case number and amount owed
The filing fee is $5 under W. Va. Code § 50-3-1(b). The clerk issues the suggestee execution, mails a certified copy to the debtor, and the writ is served on the employer by the County Sheriff or certified mail.
What Happens After Service
Once served, the employer must follow the withholding and payment instructions in the suggestee execution. The execution runs continuously for one year from its date of issuance under W. Va. Code § 38-5A-3(a).
If the debtor changes jobs during the year, verify whether a new filing is required for the new employer; the suggestee execution is served on the named employer.
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When the Debtor Challenges It
The debtor can file an Application for Vacation or Modification under W. Va. Code § 38-5A-6 if the garnishment causes financial hardship. The magistrate may reduce the withholding amount or suspend it temporarily, but this requires a hearing and evidence of hardship — it's not automatic.
Private vs. Public Employers
West Virginia has parallel statutory frameworks: Article 5A covers private employers, and Article 5B covers state and local government employers. Check the provisions and filing instructions for the employer type before filing.
The complete judgment collection guide includes the full suggestee execution walkthrough with worked examples showing exactly how to calculate the garnishment amount for different pay periods.
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