This bill proposes amendments to the Code of West Virginia, specifically sections 55-2-6, 55-2-7, and 55-2-11, to reduce the statute of limitations for various legal actions. The time frame to bring actions to recover on written and oral contracts, certain bonds, and recognizances is significantly shortened. For instance, the limitation period for actions based on indemnifying bonds, written contracts under seal, and awards is reduced from ten years to five years. Additionally, the limitation for other express or implied contracts is decreased from five years to two years, with specific exceptions for partnership accounts and merchant transactions.
Furthermore, the bill clarifies the accrual of rights for actions against fiduciaries, such as guardians and personal representatives, stating that the right of action shall be deemed to have first accrued based on specific events, such as the ward reaching the age of 18 or the return day of execution against a personal representative. The limitation for suits against fiduciaries who have settled accounts is also reduced from ten years to five years. Overall, the bill aims to streamline the legal process by reducing the time allowed for bringing these actions, thereby potentially expediting resolutions in such cases.
Statutes affected: Introduced Version: 55-2-6, 55-2-7, 55-2-11