(1) The maximum part of the aggregate disposable earnings of an individual for any workweek which may be subjected to any one or more assignments of earnings for the payment of a debt or debts arising from one or more consumer credit sales, consumer leases, or consumer loans, or one or more sales as defined in 46A-6-102 of this code, may not exceed 25 percent of his or her disposable earnings for that week.
(2) As used in this section:
(a) "Disposable earnings" means that part of the earnings of an individual remaining after the deduction from those earnings of amounts required by law to be withheld; and
(b) "Assignment of earnings" includes all forms of assignments, deductions, transfers, or sales of earnings to another, either as payment or as security, and whether stated to be revocable or nonrevocable, and includes any deductions authorized under the provisions of 21-5-3 of this code, except deductions for union, labor organization, or club dues or fees, pension plans, payroll savings plans, charities, stock purchase plans, and any form of insurance offered by an employer.
(3) Any assignment of earnings and any deduction under 21-5-3 of this code shall be revocable by the employee at will at any time, notwithstanding any provision to the contrary.
(4) The priority of multiple assignments of earnings shall be according to the date and time of each such assignment.
Structure West Virginia Code
Chapter 46A. West Virginia Consumer Credit and Protection Act
Article 2. Consumer Credit Protection
§46A-2-101. Holders of Negotiable Instruments Subject to Claims and Defenses
§46A-2-102. Assignee Subject to Claims and Defenses
§46A-2-103. Lender Subject to Claims and Defenses Arising From Sales
§46A-2-103a. Lessor Subject to Claims and Defenses Arising From Leases
§46A-2-104. Notice to Cosigners
§46A-2-106. Notice of Consumer's Right to Cure Default; Cure; Acceleration
§46A-2-107. Security in Sales or Leases
§46A-2-109. Debt Secured by Cross-Collateral
§46A-2-110. Referral Sales or Leases
§46A-2-111. Consumer Leases; Information to Be Furnished
§46A-2-112. Restriction on Liability in Consumer Lease
§46A-2-113. Notice of Assignment
§46A-2-114. Receipts; Statements of Account; Evidence of Payment
§46A-2-115. Limitation on Default Charges
§46A-2-116. Assignment of Earnings
§46A-2-117. Authorization to Confess Judgment Prohibited
§46A-2-118. No Garnishment Before Judgment
§46A-2-119. Restrictions on Deficiency Judgments
§46A-2-119a. Secured Transaction; Use of Price Guide Value in Calculating Deficiency or Surplus
§46A-2-120. Extortionate Extensions of Credit
§46A-2-121. Unconscionability; Inducement by Unconscionable Conduct
§46A-2-123. Practice of Law by Debt Collectors
§46A-2-124. Threats or Coercion
§46A-2-125. Oppression and Abuse
§46A-2-126. Unreasonable Publication
§46A-2-127. Fraudulent, Deceptive or Misleading Representations
§46A-2-128. Unfair or Unconscionable Means
§46A-2-129a. Deceptive or Oppressive Telephone Calls
§46A-2-130. Limitation on Garnishment
§46A-2-131. No Discharge or Reprisal Because of Garnishment
§46A-2-132. Home Solicitation; Buyer's Right to Cancel; Notice
§46A-2-133. Form of Agreement or Offer to Purchase; Statement of Buyer's Rights
§46A-2-134. Restoration of Down Payment
§46A-2-135. Buyer's Duty; Seller's Right; No Compensation for Certain Services
§46A-2-136. Personal Property Exemptions
§46A-2-137. Service of Process on Certain Nonresidents
§46A-2-138. Buyer's Right to Cancel Certain Subscriptions and Other Obligations
§46A-2-139. Unlawful Commercial Facsimile Transmission; Right of Action for Injunction, Damages
§46A-2-140. Pleadings Not to Be the Basis of a Cause of Action