Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home

Introduced Version Senate Bill 656 History

DOWNLOAD  wpd  |  Email


sb656 intr
Senate Bill No. 656

(By Senator Oliverio)

____________

[Introduced March 21, 2005; referred to the Committee

on Health and Human Resources; and then to the Committee on the Judiciary.]

____________




A BILL to amend and reenact §38-3-18 of the Code of West Virginia, 1931, as amended, relating to enforcement of judgments; and providing that action by the Bureau for Child Support Enforcement to collect a judgment is an execution.

Be it enacted by the Legislature of West Virginia:
That §38-3-18 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 3. JUDGMENT LIENS.

§38-3-18. Limitations on enforcement of judgments.

On a judgment, execution may be issued within ten years after the date thereof. Where execution issues within ten years as aforesaid, other executions may be issued on such judgment within ten years from the return day of the last execution issued thereon, on which there is no return by an officer or which has been returned unsatisfied. An action, suit or scire facias may be brought upon a judgment where there has been a change of parties by death or otherwise at any time within ten years next after the date of the judgment; or within ten years from the return day of the last execution issued thereon on which there is no return by an officer or which has been returned unsatisfied. But if such action, suit or scire facias be against the personal representative of a decedent, it shall be brought within five years from the qualification of such representative.
Actions by the Bureau of Child Support Enforcement to collect or attempt to collect a judgment constitutes the issuance of an execution for the purposes of extending the limitations on further executions beyond ten years.



NOTE: The purpose of this bill is to allow for the collection attempts by the Bureau for Child Support Enforcement to extend the ten year statue of limitations for collection of a judgment.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2014 West Virginia Legislature ***