Miller v. Barron

MILLER, Chief Justice:

In this case we are asked to determine how the one thousand dollar personal exemption contained in Article VI, Section 48 of the West Virginia Constitution1 and in W.Va.Code, 38-8-1,2 should be applied to successive suggestee executions filed against the debtor’s employer for his wages.

The respondent magistrate held that when the accumulated amount of wages the debtor exempted in each successive pay period totalled one thousand dollars, the personal exemption would be exhausted with regard to his wages. Thereafter, the debtor’s wages would be subject to the suggestee…