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Bill > HB3162
WV HB3162
WV HB3162Providing that causes of action under Chapter 46A of the Code of West Virginia survive the death of the party
summary
Introduced
03/05/2025
03/05/2025
In Committee
04/10/2025
04/10/2025
Crossed Over
03/19/2025
03/19/2025
Passed
04/12/2025
04/12/2025
Dead
Signed/Enacted/Adopted
04/29/2025
04/29/2025
Introduced Session
2025 Regular Session
Bill Summary
AN ACT to amend and reenact §46A-2-122 and §55-7-8a of the Code of West Virginia, 1931, as amended, all relating to consumer credit and protection actions; amending definitions; and clarifying that any action for a violation of Chapter 46A of this code shall survive the death of the person entitled to recover or the death of the person liable.
AI Summary
This bill modifies Chapter 46A of the West Virginia Code to clarify that legal actions related to consumer credit and protection can continue even if the person who initiated the action or the person being sued dies. Specifically, the bill expands the definition of "consumer" to include personal representatives of an estate, ensuring that debt-related legal claims can be pursued through an estate's representative. The bill also amends existing law to explicitly state that causes of action under Chapter 46A (which covers consumer credit transactions) will survive the death of either the person seeking to recover damages or the person liable for those damages. This means that if someone dies while pursuing a legal claim related to consumer credit or protection, their estate can continue the lawsuit, or if the person against whom a claim is being made dies, the legal action can still proceed against their estate. The bill aims to provide clarity and continuity in consumer protection legal proceedings, ensuring that valid claims are not automatically dismissed due to the death of a party involved.
Committee Categories
Business and Industry, Justice
Sponsors (2)
Last Action
Approved by Governor 4/29/2025 (on 04/29/2025)
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