SB 85
Reducing statute of limitations on actions to recover on oral and written contracts
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Sign in to take action- Introduced
- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill changes the time limits for filing lawsuits to recover money owed under contracts, bonds, and recognizances in West Virginia. It reduces the current statute of limitations for written and oral contracts to five years, and for bonds of fiduciaries and personal representatives to ten years. The bill also shortens the time frame for actions related to recognizances, depending on whether they are for bail.
Key provisions
- Reduces the statute of limitations for written and oral contracts to five years.
- Reduces the statute of limitations for bonds of fiduciaries and personal representatives to ten years.
- Shortens the statute of limitations for recognizances to three years (for recognizances of bail) and ten years (for other recognizances).
- Applies these changes to actions based on indemnifying bonds, executor/administrator/guardian bonds, and other contracts.
- Allows actions to recover money paid under fraud or mistake to be brought when the fraud or mistake is discovered or should have been discovered.
- Specifies that the statute of limitations for settling accounts under fiduciary responsibilities is ten years.
- Clarifies the accrual date for bonds of guardians and curators.
- Addresses the accrual date for actions against fiduciaries who have settled accounts.
Who is affected
- Businesses and individuals entering into contracts (written and oral)
- Fiduciaries (guardians, executors, administrators, etc.)
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