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Introduced Version House Bill 3025 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 3025


(By Delegates Wysong, Moore, Tabb, Doyle,
Guthrie, Hatfield, Brown, Mahan,
Marshall, Staggers and Fleischauer)
[Introduced January 9, 2008; referred 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 removing the ten year limitation on executing on liens for child support.

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: Provided, That no limitation may lie to bar an execution on a judgment for child support. 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.


NOTE: The purpose of this bill is to remove the ten year limitation on executing on liens for child support.

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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