HB3162 S JUD AM #1 4-9
Curia 7892
The Committee on the Judiciary moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:
CHAPTER 46A. WEST VIRGINIA CONSUMER CREDIT AND PROTECTION ACT.
(a) "Consumer" means any natural person obligated or allegedly obligated to pay any debt and includes any duly appointed personal representative of the estate of a natural person obligated or allegedly obligated to pay any debt.
(b) "Claim" means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance or service which is the subject of the transaction is primarily for personal, family or household purposes, whether or not such obligation has been reduced to judgment.
(c) "Debt collection" means any action, conduct or practice of soliciting claims for collection or in the collection of claims owed or due or alleged to be owed or due by a consumer.
(d) "Debt collector" means any person or organization engaging directly or indirectly in debt collection. The term includes any person or organization who sells or offers to sell forms which are, or are represented to be, a collection system, device or scheme, and are intended or calculated to be used to collect claims. The term excludes attorneys representing creditors provided the attorneys are licensed in West Virginia or otherwise authorized to practice law in the state of West Virginia and handling claims and collections in their own name as an employee, partner, member, shareholder or owner of a law firm and not operating a collection agency under the management of a person who is not a licensed attorney.
(b) If any such action is begun during the lifetime of the injured party, and within the period of time permissible under the applicable statute of limitations as provided by §55-2-1 et seq. of this code and §55-2A-1 et seq. of this code, (either against the wrongdoer or his or her personal representative), and such the injured party dies pending the action it may be revived in favor of the personal representative of such the injured party and prosecuted to judgment and execution against the wrongdoer or his or her personal representative.
(c) If the injured party dies before having begun any such an action and it is not at the time of his or her death barred by the applicable statute of limitations under the provisions of §55-2-1 et seq. of this code and §55-2A-1 et seq. of this code such the action may be begun by the personal representative of the injured party against the wrongdoer or his or her personal representative and prosecuted to judgment and execution against the wrongdoer or his or her personal representative. Any such action shall be instituted within the same period of time that would have been applicable had the injured party not died.
(d) If any such an action mentioned in the preceding subsections (a), (b) and/or (c) of this section shall have been begun against the wrongdoer and he or she dies during the pendency thereof, it may be revived against the personal representative of the wrongdoer and prosecuted to judgment and execution.
(e) The applicable provisions of §56-8-1 et seq. of this code shall govern the actions hereinabove mentioned, with reference to their abatement, revival, discontinuance, reinstatement, and substitution of parties.
(f) Nothing contained in this section shall be construed to extend the time within which an action for any other tort shall be brought, nor to give the right to assign a claim for a tort not otherwise assignable.
Adopted
Rejected