Introduced Version
Senate Bill 62 History
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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 62
(By Senator Hunter)
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[Introduced January 14, 2004; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact §50-6-1 of the code of West Virginia,
1931, as amended, relating to civil judgments in magistrate
court; and requiring notice of judgment by regular mail.
Be it enacted by the Legislature of West Virginia:
That §50-6-1
of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 6. ENFORCEMENT OF CIVIL JUDGMENTS.
§50-6-1. Enforcement of judgments.
(a) The provisions of articles three, four, five, five-a,
five-b and six, chapter thirty-eight of this code, except as the
same are in conflict with the provisions of this chapter or are
clearly applicable only to courts of record, shall apply to the
enforcement of judgments rendered in magistrate court and process
therefor shall issue from magistrate court. Process issued in
violation of such these provisions shall be is void. The form of such the process shall be in accord with the rules of the supreme
court of appeals. No such process shall may issue until after
twenty days after the judgment is rendered or, if a motion to set
aside such the judgment is then pending, until after twenty days
after the determination of such the motion.
(b) A magistrate court clerk, deputy clerk or magistrate
assistant before whom a suggestion of salary and wages is
instituted pursuant to the provisions of articles five-a and
five-b, chapter thirty-eight of this code shall forward all post
judgment process directly to the sheriff of any county in the same
manner and with the same authority as has been given to circuit
clerks, pursuant to section five, article three, chapter fifty-six
of this code.
(c) Upon entry of a default judgment against any defendant,
the magistrate court clerk shall forward a certified transcript of
judgment to the last known address of the defendant. The
transcript shall be sent by regular mail with a certificate of
mailing, in an envelope marked "Please Forward." The costs of the
certified mailing shall be taxed as costs of the proceeding.
NOTE: The purpose of this bill is to require
notice of default
judgment in a civil action in Magistrate Court by regular mail
to
the last known address of the defendant.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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