375 sections in this chapter.
W. Va. Code § 55-1-1 When writing required
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No action shall be brought in any of the following cases: (a) To charge any person upon or by reason of a representation or assurance concerning the character, conduct, credit, ability, trade, or dealings of another, to the intent or purpose that such other may obtain thereby cre…
W. Va. Code § 55-2A-1 "Claim" defined
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As used in this article, "claim" means any right of action which may be asserted in a civil action or proceeding and includes, but is not limited to, a right of action created by statute.
W. Va. Code § 55-2-1 Entry upon or recovery of lands
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No person shall make an entry on, or bring an action to recover, any land, but within ten years next after the time at which the right to make such entry or to bring such action shall have first accrued to himself or to some person through whom he claims.
W. Va. Code § 55-2-10 Effect of devise for payment of debts
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No provision in the will of any testator devising his real estate, or any part thereof, subject to the payment of his debts, or charging the same therewith, shall prevent this article from operating against such debts, unless it plainly appear to be the testator's intent that it …
W. Va. Code § 55-2-11 Action or scire facias on recognizance
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Every action or scire facias upon a recognizance shall, if it be not a recognizance of bail, be commenced within ten years next after the right to bring the same shall have first accrued; and, if it be a recognizance of bail, within three years after the right to bring the same s…
W. Va. Code § 55-2-12 Personal actions not otherwise provided for
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Every personal action for which no limitation is otherwise prescribed shall be brought: (a) Within two years next after the right to bring the same shall have accrued, if it be for damage to property; (b) within two years next after the right to bring the same shall have accrued …
W. Va. Code § 55-2-13 Foreign judgments and decrees
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Every action or suit upon a judgment or decree rendered in any other state or country shall be barred, if by the laws of such state or country such action or suit would there be barred, and the judgment or decree be incapable of being otherwise enforced there. And whether so barr…
W. Va. Code § 55-2-14 Suit to repeal land grant
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A bill in equity to repeal, in whole or in part, any grant of land by this state or of the state of Virginia, shall be brought within ten years next after the date of such grant, and not after.
W. Va. Code § 55-2-15 Special and general savings as to persons under disability
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(a) A personal action for damages resulting from sexual assault or sexual abuse of a person who was an infant at the time of the act or acts alleged, shall be brought against the perpetrator of the sexual assault or sexual abuse, within 18 years after reaching the age of majority…
W. Va. Code § 55-2-16 Death before right to sue
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If a person die before the time at which any right mentioned in this article would have accrued to him if he had continued alive, and there be an interval of more than five years between the death of such person and the qualification of his personal representative, such personal …
W. Va. Code § 55-2-17 When suit prevented by defendant; actions on foreign contracts
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Where any such right as is mentioned in this article shall accrue against a person who had before resided in this state, if such person shall, by departing without the same, or by absconding or concealing himself or by any other indirect ways or means, obstruct the prosecution of…
W. Va. Code § 55-2-18 Extension of period for new action after dismissal or reversal where the action is timely filed
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(a) For a period of one year from the date of an order dismissing an action or reversing a judgment, a party may refile the action if the initial pleading was timely filed and: (i) The action was involuntarily dismissed for any reason not based upon the merits of the action; or (…
W. Va. Code § 55-2-19 Application of statute of limitation to state
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Every statute of limitation, unless otherwise expressly provided, shall apply to the state.
W. Va. Code § 55-2-19A Collection of taxes due state or any subdivision thereof
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Every action or process to collect any tax (other than ad valorem tax on real or personal property and the taxes administered under the provisions of article ten, chapter eleven of this code), interest and penalty due the state or any subdivision thereof shall be brought or issue…
W. Va. Code § 55-2-1A Ownership or possession of surface of lands after severance of minerals not adverse to owner of minerals
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Whenever title to any minerals in land and the rights appurtenant thereto have been, or shall hereafter be, severed from title to the surface, the continuity of the possession of such minerals and the rights appurtenant thereto shall not be deemed to have been broken by such seve…
W. Va. Code § 55-2-2 Claim not to preserve right as to lands
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No continual or other claim upon or near any land shall preserve any right of making an entry or bringing an action.
W. Va. Code § 55-2A-2 Period of limitation
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The period of limitation applicable to a claim accruing outside of this state shall be either that prescribed by the law of the place where the claim accrued or by the law of this state, whichever bars the claim.
W. Va. Code § 55-2-20 Limitations applicable to proceedings pending or rights of action accruing before effective date of code
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No action, suit, scire facias, or other proceeding, which may be pending on the day before this code takes effect, or the right to prosecute which, under the laws in force on that day, shall have accrued before that day, shall be barred by this article, any further or otherwise t…
W. Va. Code § 55-2-21 Statutes of limitation tolled on claims assertible in civil actions when actions commence
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(a) After a civil action is commenced, the running of any statute of limitation is tolled for, and only for, the pendency of that civil action as to any claim that has been or may be asserted in the civil action by counterclaim, whether compulsory or permissive, or cross-claim : …
W. Va. Code § 55-2-22 Effect of bankruptcy
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The running of any statute of limitation shall be tolled for any claim or cause of action for which the prosecution of the same within the period of limitation has been stayed by the provisions of the United States bankruptcy code or by an order entered in a bankruptcy proceeding…
W. Va. Code § 55-2A-3 Applicability
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The periods of limitation prescribed in this article apply only to a claim upon which action is commenced more than one year after the effective date of this article.
W. Va. Code § 55-2-3 Entry upon or recovery of lands by persons under disability
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If at the time at which the right of any person to make an entry on, or bring an action to recover, any land shall have first accrued, such person was an infant or insane, then such person, or the person claiming through him may, notwithstanding such period of ten years shall hav…
W. Va. Code § 55-2-4 Limitations upon §55-2-3
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The preceding section is subject to these provisos: That no such entry or action shall be made or brought by any person who, at the time at which his right to make or bring the same shall have first accrued, shall be under any such disability, or by any person claiming through hi…
W. Va. Code § 55-2A-4 Construction
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This article shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.
W. Va. Code § 55-2-5 Enforcement of liens reserved by conveyance or created by deed of trust or mortgage on real estate
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(a) Any lien reserved by any conveyance of real estate or created by any deed of trust or mortgage on real estate expires after the following periods of time, unless suit to enforce the lien is instituted prior to expiration of the time period or unless the lien is extended as sp…
W. Va. Code § 55-2A-5 Citation
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This article may be cited as the "Uniform Statute of Limitations on Foreign Claims Act."
W. Va. Code § 55-2A-6 Repeal
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All laws and parts of laws inconsistent herewith are hereby repealed one year after the effective date of this article.
W. Va. Code § 55-2-6 Actions to recover on award or contract other than judgment or recognizance
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Every action to recover money, which is founded upon an award, or on any contract other than a judgment or recognizance, shall be brought within the following number of years next after the right to bring the same shall have accrued, that is to say: If the case be upon an indemni…
W. Va. Code § 55-2-6A Deficiencies, injuries or wrongful death resulting from any improvements to or survey of real property; limitation of actions and suits
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No action, whether in contract or in tort, for indemnity or otherwise, nor any action for contribution or indemnity to recover damages for any deficiency in the planning, design, surveying, observation or supervision of any construction or the actual construction of any improveme…
W. Va. Code § 55-2-7 Actions on bonds of personal representatives and fiduciaries
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The right of action upon the bond of an executor, administrator, guardian, curator or committee, or of a sheriff acting as such, shall be deemed to have first accrued as follows: Upon a bond of a guardian or curator of a ward, from the time of the ward's attaining the age of eigh…
W. Va. Code § 55-2-8 Acknowledgment by new promise
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If any person against whom the right shall have so accrued on an award, or on any such contract, shall by writing signed by him or his agent promise payment of money on such award or contract, the person to whom the right shall have so accrued may maintain an action or suit for t…
W. Va. Code § 55-2-9 Effect of acknowledgment by personal representative or joint contractor
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No acknowledgment or promise by any personal representative of a decedent, or by one of two or more joint contractors, shall charge the estate of such decedent, or charge any other of such contractors, in any case in which, but for such acknowledgment or promise, the decedent's e…
W. Va. Code § 55-3A-1 Petition for summary relief for wrongful occupation of residential rental property
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(a) A person desiring to remove a tenant from residential rental property may apply for relief to the magistrate court or the circuit court of the county in which the property is located, by verified petition, setting forth the following: (1) That he or she is the owner or agent …
W. Va. Code § 55-3-1 Issuance of summons
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If any forcible or unlawful entry be made upon any land, building, structure, or any part thereof, or if, when the entry is lawful or peaceable, the tenant shall detain the possession of any land, building, structure, or any part thereof after his right has expired, without the c…
W. Va. Code § 55-3C-1 Short title; findings
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(a) This article shall be known and may be cited as the “Stop Squatters Act”. (b). The Legislature finds that the right to exclude others from entering and the right to direct others to immediately vacate a person’s residential or commercial property are fundamental property righ…
W. Va. Code § 55-3B-1 Definitions
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For the purposes of this article, unless expressly stated otherwise: (a) "Factory-built home" has the same meaning given to that term in West Virginia code section two, article fifteen, chapter thirty-seven of this code. (b) "Factory-built home site" means a parcel of land provid…
W. Va. Code § 55-3-2 Assessment of damages
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If the plaintiff file with the summons a statement of the profits and other damages which he means to demand, and the jury find in his favor, they shall at the same time assess the damages for mesne profits of the premises in suit for any period not exceeding three years previous…
W. Va. Code § 55-3C-2 Squatters defined: squatters not tenants; squatting constitutes criminal trespass; petition and eviction not appropriate remedies for squatters; remedy is arrest for trespass
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(a) “Squatter” means a person unlawfully occupying a dwelling unit or other structure who is not entitled under a rental or lease agreement or who is not authorized by the tenant or owner to occupy that dwelling unit or structure. “Squatter” does not include a tenant who holds ov…
W. Va. Code § 55-3A-2 Defenses available
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In a proceeding under the provisions of this article, a tenant against whom a petition has been brought may assert any and all defenses which might be raised in an action for ejectment or an action for unlawful detainer.
W. Va. Code § 55-3B-2 Tenancy of factory-built home site
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(a) The tenancy of the site of a factory-built home that is comprised of one section and that is not subject to a written agreement is from month to month. The tenancy of the site of a factory-built home that is comprised of two or more sections that is not subject to a written a…
W. Va. Code § 55-3-3 Return day and service of summons; plea; issue and trial
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The summons may be returnable to, and the case heard and determined at, any term of such court. Such summons shall be made returnable not more than ninety days after its date and shall be served at least ten days before the return day thereof. If the defendant appear, he shall pl…
W. Va. Code § 55-3A-3 Proceedings in court; final order; disposition of abandoned personal property
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(a) If at the time of the hearing there has been no appearance, answer or other responsive pleading filed by the tenant, the court shall make and enter an order granting immediate possession of the property to the landlord. (b) In the case of a petition alleging arrearage in rent…
W. Va. Code § 55-3C-3 Limited Alternative Remedy to Remove Squatter from Residential and Commercial Real Properties
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(a) A property owner or their authorized agent may request, from any law-enforcement officer having authority to act in the jurisdiction where the subject property is located, the immediate removal of any person squatting in a residential dwelling or commercial building if the fo…
W. Va. Code § 55-3B-3 Termination of tenancy
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(a) Except for termination for good cause, the tenancy of a factory-built home site may be terminated by either party only by giving at least three months' notice in writing to the other of his or her intention to terminate the tenancy. When such notice is to the tenant, it may b…
W. Va. Code § 55-3-4 Period of limitation; verdict and judgment
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If it appear that the plaintiff was forcibly or unlawfully turned out of the possession, or that it was unlawfully detained from him unless it also appear that the defendant has wrongfully held or detained the possession for three years before the date of the summons the verdict …
W. Va. Code § 55-3C-4 Criminal mischief; penalties
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(a) A person who unlawfully occupies a residential dwelling or commercial building consistent with this article and as a result of the unlawful occupation causes damage to the real property, its fixtures, or personal property of the owner in an amount less than $1,000 is guilty o…
W. Va. Code § 55-3B-4 Petition for summary relief for wrongful occupation of residential rental property
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(a) A person desiring to remove a tenant and factory-built home from a factory-built home site may apply for such relief to the magistrate court or the circuit court of the county in which such property is located, by verified petition, setting forth the following: (1) That he is…
W. Va. Code § 55-3-5 Judgment not a bar to action of ejectment; verdict not conclusive of facts in future action; allowance for improvements not precluded
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No such judgment shall bar any action of ejectment between the same parties nor shall any such verdict be conclusive, in any such future action, of the facts therein found; nor shall anything herein prevent a defendant from claiming and having allowed, in a proper case, allowance…
W. Va. Code § 55-3B-5 Defenses available
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In a proceeding under the provisions of this article, a tenant against whom a petition has been brought may assert any and all defenses which might be raised in an action for ejectment or an action for unlawful detainer or provided by this article or article fifteen, chapter thir…
W. Va. Code § 55-3C-5 Making false statement to detain real property; false complaint; civil causes of action; immunity
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(a) A property owner or their authorized agent who knowingly submits a complaint pursuant to this article in bad faith is subject to criminal prosecution for false swearing, and shall indemnify the law-enforcement agency and its agents for all costs and damages which may arise fr…