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June 15, 2017

Protecting Wages and Personal Property from Court Judgment Collection Efforts

Confused about how to protect your wages from court judgment collection efforts?  Or not sure what items of personal property and furnishings you can protect from court judgment collection?  Legal Aid has two new resources to help with both problems. M

First, under a new law adopted in 2016, the Legislature increased the amount of wages that are protected from being taken in a garnishment to pay a court judgment.  Also, under the old law you had to file some complicated paperwork with the Court that was doing the garnishment in order to protect any part of your wages.  But now, the new limits should be applied automatically by the court and by your employer.   But we all know things don’t always work the way they should.  Click on “Protecting Wages From Garnishment,” to learn more and assure that the rules are being followed correctly if you’re being garnished.

The other change in 2016 addressed protections for “personal property.”  Things like cars, appliances, televisions, clothing, furniture and guns.  If creditors are trying to attach your personal property, you do have some protections available.  There are complicated forms that you have to file with the court to get this protection.  But the good news is that Legal Aid has created a very simple set of screens that will guide you, step-by-step, through each blank place in the form that needs information to be filled in.   Click on West Virginia Personal Property Exemptions to see that slide show.   

And that’s not all!  There is a separate set of FAQs to explain the law regarding Personal Property Exemptions from judgment collection process.  Click on Protecting Personal Property Other Than Wages to see those FAQs. 

Disclaimer: For more guidance about your particular situation, please contact Legal Aid online at http://www.lawv.net/Get-Help/Apply-for-Help, by calling 866-255-4370, or talk to a private attorney.