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.