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
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