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WEST VIRGINIA LEGISLATURE REGULAR SESSION ENGROSSED House Bill 3162 By Delegates Flanigan and Roop [Introduced March 05, 2025;
WEST VIRGINIA LEGISLATURE REGULAR SESSION ENROLLED House Bill 3162 BYDELEGATEFLANIGAN AROOP [Passed April 12, 2025;
referred to the Committee on the Judiciary] Eng HB 3162 A BILL to amend and reenact §46A-2-122 and §55-7-8a of the Code of West Virginia, 1931, as amended, all relating to consumer credit and protection actions;
in effect 90 days from passage (July 11, 2025)] Enr HB 3162 AN ACT to amend and reenact §46A-2-122 and §55-7-8a of the Code of West Virginia, 1931, as amended, all relating to consumer credit and protection actions;
(a) "Consumer" means any natural person obligated or allegedly obligated to pay any debt.
(a) "Consumer" means any natural person obligated or allegedly obligated to pay any debt and includes any duly appointed personal representative of the estate of a natural person obligated or allegedly obligated to pay any debt.
The term "consumer" shall include any duly appointed administrator of the estate of a natural person obligated or allegedly obligated to pay any debt.
The term "consumer" further includes any natural person obligated under a deed of trust or lien that secures property primarily used for personal, family, or household purposes wherein the property is subject to foreclosure or forfeiture for failure to pay money.
Eng HB 3162 (d) "Debt collector" means any person or organization engaging directly or indirectly in debt collection.
(d) "Debt collector" means any person or organization engaging directly or indirectly in debt collection.
The term includes any person or organization who sells or offers to sell forms which are, or are represented to be, a collection system, device or scheme, and are intended or calculated to be used to collect claims.
The term includes any person or organization who sells or offers to sell forms which are, or are represented to be, a collection system, device or scheme, and are intended or Enr HB 3162 calculated to be used to collect claims.
(a) In addition to the causes of action which survive at common law, causes of action for injuries to property, real or personal, or injuries to the person and not resulting in death, or for deceit or fraud, or any violations of Chapter 46A of this code, also shall survive;
(a) In addition to the causes of action which survive at common law, causes of action for injuries to property, real or personal, injuries to the person and not resulting in death, deceit or fraud, or any violations of §46A-1-101 et.
seq.
of this code, also survive;
(b) If any such action is begun during the lifetime of the injured party, and within the period of time permissible under the applicable statute of limitations as provided by §55-2-1 et seq.
(b) If any action is begun during the lifetime of the injured party, and within the period of time permissible under the applicable statute of limitations as provided by §55-2-1 et seq.
and §55-2A-1 et seq.
of this code and §55-2A-1 et seq.
of this code, (either against the wrongdoer or his or her personal representative), and such injured party dies pending the action it may be revived in favor of the personal representative of such injured party and prosecuted to judgment and execution against the wrongdoer or his or her personal representative.
of this code, (either against the wrongdoer or his or her personal representative), and the injured party dies pending the action it may be revived in favor of the personal representative of the injured party and prosecuted to judgment and execution against the wrongdoer or personal representative.
(c) If the injured party dies before having begun any such action and it is not at the time of his or her death barred by the applicable statute of limitations under the provisions of §55-2-1 et seq.
(c) If the injured party dies before having begun an action and it is not at the time of his or her death barred by the applicable statute of limitations under the provisions of §55-2-1 et seq.
and §55-2A-1 et seq.
of this code and §55-2A-1 et seq.
of this code such action may be begun by the personal representative of Eng HB 3162 the injured party against the wrongdoer or his or her personal representative and prosecuted to judgment and execution against the wrongdoer or his or her personal representative.
of this code the action may be begun by the personal representative of the injured party against the wrongdoer or personal representative and prosecuted to judgment and execution against the wrongdoer or his or her personal Enr HB 3162 representative.
Any such action shall be instituted within the same period of time that would have been applicable had the injured party not died.
Any action shall be instituted within the same period of time that would have been applicable had the injured party not died.
(d) If any such action mentioned in the preceding subsections (a), (b) and/or (c) shall have been begun against the wrongdoer and he or she dies during the pendency thereof, it may be revived against the personal representative of the wrongdoer and prosecuted to judgment and execution.
(d) If an action mentioned in the subsections (a), (b) and/or (c) of this section have been begun against the wrongdoer and he or she dies during the pendency thereof, it may be revived against the personal representative of the wrongdoer and prosecuted to judgment and execution.
of this code shall govern the actions hereinabove mentioned, with reference to their abatement, revival, discontinuance, reinstatement and substitution of parties.
of this code govern the actions hereinabove mentioned, with reference to their abatement, revival, discontinuance, reinstatement, and substitution of parties.
Enr HB 3162 The Clerk of the House of Delegates and the Clerk of the Senate hereby certify that the foregoing bill is correctly enrolled.
...............................................................
Clerk of the House of Delegates ...............................................................
Clerk of the Senate Originated in the House of Delegates.
In effect 90 days from passage.
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Speaker of the House of Delegates ...............................................................
President of the Senate __________ The within is ................................................
this the...........................................
Day of ..........................................................................................................., 2025.
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Governor 5
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