West Virginia Statutes of Limitations
What is the statute of limitations for your legal rights in West Virginia?
Statute of Limitation Laws in West Virginia
In order to convict you of an offense or sue you for monetary gain, your crime, tort or contractual agreement must fall within a certain time-line allowed by law. An West Virginia law on statute of limitations is simply that time which is allotted by the law as written by the state of West Virginia within which you can be convicted or held liable for a debt.
Below is the West Virginia statute of limitations listings for a number of different offenses and torts. While this list is updated regularly, often-times laws in every state get modified, repealed, amended or changed by legislation. Please consult with a qualified West Virginia attorney in this and any other legal matter.
We have found a service where you can ask your legal question for free and get responses only from qualified West Virginia defense attorneys in that particular field. The form below will help you get started by simply entering your WV zip code to find a West Virginia criminal defense lawyer near you.
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| Type of Offense | Length of Statute |
|---|---|
| Any capital offense: | No Limit |
| Drug trafficking: | No Limit |
| Forgery (felony): | No Limit |
| Counterfeiting(felony): | No Limit |
| Rape: | No Limit |
| Contracts: | 10 years | Open accounts for debt collections: | 5 Years |
| Oral Agreements: | 5 Years |
| Wrongful Death: | 2 Years |
| Medical Malpractice Actions: | The West Virginia statute of limitations is two (2) years to file a medical malpractice suit. Minors have until the age of 12, or 2 years from the time of injury to file a claim. For wrongful death, the suit must be filed within two years. Code Section § 55-7B-4 |
| Injury to personal property: | 2 Years |
| Fraud: | 2 years from when the fraud was or reasonably should have been discovered. |
| Product Liability: | 2 years from date of the injury or discovery. |
| Intentional Torts: | 2 Years |
| Libel | Slander | Defamation: | 1 Year |
| Personal Injury Actions: | 2 years from the date of injury |
| Rules for Minors: | A 2 year limitation period begins to run on the minors 18th birthday, except in cases of medical malpractice or wrongful death |
| Products Liability Actions: | Within 1 year of the date the injury occurred. Or if the injury is not discovered right away, the plaintiff has within 1 year the injury is, or should have been discovered, to file a law suit |
| Complete West Virginia criminal revised statute of limitations can be found on the West Virginia Criminal Statute of Limitations page. | |
Disclaimer: Statute of Limitation laws in every state get modified, repealed, amended, and/or changed by the legislature of that states jurisdiction. The authors and webmaster of StatuteofLimitation.info have made every effort to post the most current laws. Please use this site as a general reference and for comparison purposes. Do not substitute any information from this site for advice you would get from a qualified legal professional
West Virginia Fair Debt Collection Practices Act
In order for an West Virginia debt collector or debt buyer to sue you to collect a debt they have to do that within the time limits that the state of West Virginia law requires. This is what is known as the statute of limitations. If they sue you outside of that statute of limitations then that may violate the Fair Debt Collection Practices Act. Even threatening to sue you beyond the statute of limitations can also be considered a Fair Debt Collection Practices Act (FDCPA) violation.
If you are dealing with an unscrupulous West Virginia debt collector that is threatening you with a lawsuit, whether verbal or written, for an old debt, then you need to look at the West Virginia statute of limitations if that debt collector has a potential case against you or has potentially violated the FDCP Act.
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