Largely due to a haphazard process of statutory evolution, the specific steps in the development of which lack coordination, the law of attachment and garnishment in this state-particularly the law of garnishment-has arrived at a degree of complication that requires extended analysis and careful differentiation in order to be reasonably sure of conforming to the statutory requirements in any particular case. In addition to the complications arising from lack of coordination of the various statutory provisions, resulting in application of different methods of procedure to different phases of the remedy, the situation is further confused in some instances by lack of clarity in specific provisions. It is the object of this discussion to attempt in a general way an analysis of the basic statutory provisions, for purposes of differentiation and comparison, and to call attention to some of the problems of interpretation that may arise, but without any attempt to deal with the procedure as a whole. Any approach to the subject will involve complications in analysis and comparison which, for a definite understanding, will tax the patience of the reader: but it is believed that the discussion may perhaps be most intelligibly undertaken by adopting a sequence based on the historical development and chronological order of enactment of the provisions involved. Roughly in accord with such an approach, the discussion will be distributed among the following topics in the following order: (1) Persons and Things Subject to Garnishment. (2) Garnishment in Attachment Proceedings. (3) General Procedure for Garnishment in a Suggestion Proceeding. (4) Garnishment of Salaries and Wages of Private Employees in a Suggestion Proceeding. (5) Garnishment of Salaries, Wages and Money Due from Public Sources in a Suggestion Proceeding. (6) Garnishment of Funds in the Hands of Public Officers and in Custody of the Law. (7) Conclusion.
The Law of Garnishment in West Virginia,
W. Va. L. Rev.
Available at: https://researchrepository.wvu.edu/wvlr/vol48/iss1/2