SB 124 — Reducing statute of limitations on actions to recover on oral and written contracts

WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee Substitute for Senate Bill 124 ByBYSENATORBARRETT SenatorANDEEDS Barrett[Reported [Introduced February 12,26, 2025;2025, from the Committee on the Judiciary] CS for SB 124 A BILL to amend and reenact §55-2-6, §55-2-7, and §55-2-11 of the Code of West Virginia, 1931, as amended, relating to limitation of certain actions;

referredreducing totime thewithin Committeewhich onto thebring Judiciary]actions Intr SB 124 2025R1518 A BILL to amendrecover andon reenactwritten §55-2-6, §55-2-7, and §55-2-11oral ofcontracts, thecertain Codebonds, ofand Westrecognizances; Virginia, 1931, as amended, relating to limitation of certain actions;

and reducingclarifying timethat withinthe whichdiscovery torule bringapplies actions to recoverthe onaffected writtenstatutes andof orallimitations. contracts, certain bonds, and recognizances.

and if it be upon any other contract, express or implied, within five two years, unless it be an action by one party against his or her copartnerco- partner for a settlement of the partnership accounts, or upon accounts concerning the trade or merchandise between merchant and merchant, their factors or servants, where the action of account would lie, in either of which cases the action may be brought until the expiration of five years from a cessation of the dealings in which they are interested together, but not after.after:

Provided, That the limitations set forth in this section do not begin to run until either the right to a cause of action accrues or until the person with a right to a cause of action knows or reasonably should know that their right to bring a cause of action has accrued, whichever is later.

Upon CS for SB 124 a bond of a guardian or curator of a ward, from the time of the ward's attaining the age of 18 years, or from the termination of the guardian's or curator's office, whichever shall happen first;

and upon the bond of any personal representative of a decedent or committee of an insane person, the right of action of a person obtaining execution against such representative or committee, or to whom Intr SB 124 2025R1518 payment or delivery of estate in the hands of such representative or committee shall be ordered by a court acting upon his or her account, shall be deemed to have first accrued from the return day of such execution, or from the time of the right to require payment or delivery upon such order, whichever shall happen first.

Where any such fiduciary, or any other fiduciary, has settled an account under the provisions of §44et§44-4-1 et seq.

NOTE:

The purpose of this bill is to reduce the statute of limitations on actions to recover on both oral and written contracts, on bonds of fiduciaries and personal representatives, and on recognizances.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.