What is the statute of limitations for judgments?

The statute of limitations for judgments in West Virginia is determined by the type of debt. A written contract has a 10-year statute of limitations, while an open-ended account (such as a credit card contract) has a 6-year statute of limitations. Judgments for the recovery of money, such as those from medical bills, real estate taxes, or fines, have a 10-year statute of limitations. All other judgments have a 5-year statute of limitations. The statute of limitations for judgments in West Virginia begins to run on the date the judgment was first entered. Once the 10-year, 6-year, or 5-year period has passed, the judgment is no longer enforceable and the creditor can no longer take any action to collect on the debt. However, the judgment will remain on the debtor’s credit report for a period of 10 years. In West Virginia, a judgment may be "renewed" if the statute of limitations has not yet passed. A creditor may file a motion to renew the judgment within 5 years before the expiration of the original judgment. If the motion is granted, the judgment will be reinstated for an additional 10-year period. In general, it is important for debtors in West Virginia to be aware of the state’s statute of limitations in order to protect themselves from recurring judgments and creditors taking legal action against them. Knowing the statute of limitations in West Virginia can help a debtor avoid legal action by settling the debt before the statute expires.

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