SB 124 West Virginia Senate · 2025 Regular Session

Reducing statute of limitations on actions to recover on oral and written contracts

SB 124 reduces the time limits for filing lawsuits to recover money owed under contracts in West Virginia. It shortens the deadline for written contracts from 10 years to 5 years and for oral contracts from 5 years to 2 years. The bill also clarifies that the "discovery rule" applies, meaning the time limit starts when a person discovers or should have discovered the issue, not when the contract was breached. This directly affects individuals and businesses seeking to sue for unpaid services or goods under written or oral agreements. The changes apply to contracts, certain bonds, and recognizances as specified in the bill's provisions.
Bill status passed 3 of 5 stages cleared
Introduction
Feb 2025
Committee Review
Mar 2025
Senate Passage
Mar 2025
House of Delegates Passage
Governor
Introduced Feb 12, 2025 Last action Apr 9, 2025
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Version Committee Substitute · 4 edits
MODERATE
This bill amends West Virginia's statute of limitations laws, reducing the time limits for filing lawsuits on certain contracts and bonds while adding a discovery rule that delays the clock until the plaintiff knows or should know their rights have been violated.
Scope change
The bill applies to actions on written and oral contracts, bonds of fiduciaries and personal representatives, and recognizances, with specific time limits for each category.
TIMELINE

Reduced the statute of limitations for oral contracts from five years to two years, while keeping written contracts at ten years.

Clarified time limits for fiduciary bonds and recognizances, maintaining ten years for most cases but keeping bail recognizances at three years.

REQUIREMENT

Added a discovery rule provision stating that the statute of limitations clock starts when the plaintiff knows or reasonably should know their rights have accrued, rather than when the right technically accrued.

DEFINITION

Updated language to clarify that fraud or mistake claims accrue when discovered or when due diligence should have revealed them.

Floor votes · Senate Mar 3, 2025

How they voted

302
Passed · 1 other
Total votes 33
Mar 3, 2025
D Democratic2
2 Nay
100% Nay
R Republican31
30 Yea 1
96% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
17
Key actions
2
Committee
4
Mar 4, 2025
Committee
To House Judiciary
lower
Mar 4, 2025
Committee
To Judiciary
lower
Mar 4, 2025
Introduced
Introduced in House
lower
Mar 3, 2025
Upper · Passed
Passed Senate (Roll No. 50)
upper
Feb 26, 2025
Upper · Passed
Committee substitute reported
upper
Feb 12, 2025
Introduced
Introduced in Senate
upper
Feb 12, 2025
Committee
To Judiciary
upper
1 primary · 1 co-sponsor

Sponsors