W. Va. Code § 55-2-6

For a written contract not under seal, § 55-2-6 supplies a ten-year limitations period after the right to sue accrues.

SER Erie Insurance Property and Casualty v. Hon. J.D. Beane, Judge · filed 2016-06-13

When a limitation provision is void under W. Va. Code § 33-6-14, ... the general limitations period set forth in W. Va. Code § 55-2-6 (1895) applies to fill that void. Beasley, 184 F. Supp.2d at 527. W. Va. Code § 55-2-6 provides, ... within ten years . . . . ... Pursuant to W. Va. Code § 55-2-6, the appropriate limitation period is ten years.

Section 55-2-6 provides a ten-year limitations period for actions on written contracts that do not involve a sale of goods.

Leslie Tweedie and Christina Waugh, on behalf of themselves and others similarly situated v. US Asset Management, Inc. · filed 2022-04-26

For the ten-year statute of limitations to apply, the contracts at issue must be written and not involve a sale of goods. See W. Va. Code § 55-2-6; W. Va. Code § 46A-2-128(f).

Section 55-2-6 provides a ten-year statute of limitations for claims for breach of a written contract.

Ditech Holding Corporation · filed 2025-02-28

In West Virginia, the statute of limitations for a claim for breach of a written contract is ten years. W. Va. Code § 55-2-6. The Claim was filed in April 2019, therefore any claims for alleged breaches prior to 2009 are time-barred. The Court need not and does not address any of contract claims that arose prior to 2009.

Section 55-2-6’s ten-year limitation applies to a promise implied by law from a written contract.

Knapp v. American General Finance, Inc. · filed 2000-08-16

A promise implied by law from whatever is written is a written contract within the ten-year statute of limitations of W. Va.Code § 55-2-6.

Section 55-2-6 bars a claim based on a written contract when it is asserted more than ten years after the claim accrued.

Standard Oil Company, Inc. v. Consolidation Coal Company · filed 2016-10-17

In this case, Standard Oil seeks to assert a claim that is inarguably barred by the ten- year statute of limitation for actions based upon written contracts.

Section 55-2-6 requires an action for breach of a written contract to be brought within ten years after the right to sue accrues.

Parsley v. Norfolk and Western Railway Company · filed 2018-02-13

In West Virginia, an action to recover for breach of a written contract must be brought within ten years after the right to bring the action accrues.

Section 55-2-6 provides a ten-year limitations period for written-contract claims.

In Re VTN, Inc. · filed 1987-02-20

The Court finds that under West Virginia Law the applicable statute of limitations is ten (10) years; W.Va.Code §§ 55-2-6, 55-2-6a and 55-2-12. ... Based upon the evidence presented the Court finds that the Proof of Claim was filed within ten years after any cause of action accrued and therefore the claim is not barred by the statute of limitations.

Section 55-2-6 sets a ten-year limit for contract damages claims and may be applied by analogy to determine when laches bars equitable restitution.

PATRICK HENRY ESTATES HOMEOWNERS ASS'N v. Miller · filed 2010-12-15

At step two, the Court finds that the damages sought in Count I are barred by the ten-year statute of limitations for contracts. ... Here, therefore, the ten-year statute of limitations for contracts applies by analogy in the laches analysis to presumptively establish unreasonable delay.

Section 55-2-6 supplies a ten-year limitations period for an insurance coverage claim when the policy’s shorter limitations provision is void.

Beasley v. Allstate Insurance · filed 2002-02-14

Based on the foregoing, the ten-year limitation period in West Virginia Code § 55-2-6 applies.

Section 55-2-6 sets a ten-year limitations period for breach of a written contract.

United Government Security Officers of America v. Special Operations Group, Inc. · filed 2006-06-30

The statute of limitations for breach of a written contract in West Virginia and the statute of limitations for enforcing a judgment are both ten years.

Section 55-2-6 sets a ten-year limitations period for actions on demand promissory notes.

Duttine v. Savas · filed 1978-06-15

The applicable statutory period, as conceded by the parties, is ten years. W.Va.Code § 55-2-6 (1961). It is thus clear that the statute is not a bar to action on any of the notes other than the four $1,000 notes executed and delivered to DMC by defendants Savas, Turner, Phillips, and John in January, 1963.

Section 55-2-6 provides a five-year limitation period for a claim based on a written wage assignment as an express contract.

Western v. Buffalo Mining Co. · filed 1979-01-23

The point that bears emphasizing is that the written assignment is an express contract and the plaintiffs were entitled to a five-year statute of limitations upon their claim that Lorado had violated the statutory limit. We do not assess the merits of the claim nor the amount of recovery. The trial court did not pass on anything but the statute of limitations and, for the reasons stated, it erred in not applying the five-year limitation as contained in W.Va. Code, 55-2-6.

Section 55-2-6 allows five years after partners cease their shared dealings to bring an action to settle partnership accounts.

Barker v. SMITH AND BARKER OIL AND GAS CO. · filed 1982-07-01

W.Va.Code § 55-2-6 (1981 Replacement Vol.) provides that an action by one partner against another for settlement of the partnership accounts “may be brought until the expiration of five years from the cessation of the dealings in which they are interested together, but not after.” The statue does not begin to run until the partners have ceased doing the business of the partnership together.

Section 55-2-6 applies a five-year limitations period to unemployment compensation tax claims.

Department of Employment Security v. Department of Health · filed 1983-03-16

The Court finds that under W.Va. Code §55-2-6, the five-year statute of limitations applies. As no action was taken on these claims until October 5, 1982, the claims are barred by this statutory provision.

Section 55-2-6 gives an employee five years to sue for unpaid wages, beginning when the wages become payable.

Lipscomb v. Tucker County Commission · filed 1996-07-11

Her action for such pay could not have been brought sooner than the additional wages were payable and could then be brought at any time within the five-year period provided by the statute of limitations found in W.Va. Code § 55-2-6, unless she was prevented from doing so by some additional requirement, such as the exhaustion of administrative remedies.

Section 55-2-6’s five-year limitations period for contracts applies to WARN Act claims in West Virginia.

Bell v. PHILIPS ELECTRONICS, OF THE NETHERLANDS · filed 1995-09-13

This Court believes that application of West Virginia’s five-year statute of limitations for breach of contract to WARN cases would serve the policies embodied in the WARN Act, and allow sufficient time for employees to discover their rights.

Section 55-2-6 gives a breach of warranty claim a five-year limitations period.

Bishop v. Byrne · filed 1967-03-21

Parenthetically, the breach of warranty aspect is governed by a five year limitation ... and there is no question but that the action was instituted within that period.

Section 55-2-6 bars a written-contract claim filed more than ten years after the plaintiff knew or reasonably should have known of the alleged breach.

R.T. Rogers Oil Co. v. Zurich American Insurance Co. · filed 2017-07-07

However, the Plaintiff still failed to file its lawsuit in a West Virginia state court until December 14, 2015, more than ten years after it knew, or reasonably should have known, that Zurich did not intend to meet its demand of full coverage under the policy.3 So, even if West Virginia law governs the contract, the statute of limitations bars the Plaintiffs breach of contract action.

Section 55-2-6 gives a plaintiff ten years from accrual to sue for breach of a written contract; a claim based on covenant violations known or discoverable at purchase accrues at purchase.

Crandell v. Hardy County Rural Development Authority · filed 2020-06-26

W.Va. Code § 55-2-6 provides “that an action to recover on the breach of a written or signed contract must be brought within ten years ‘after the right to bring the same shall have accrued.” Thomas v. Branch Banking & Trust Co., 443 F.Supp.2d 806, 809 (N.D.W. Va. 2006). The undersigned agrees with Defendant that at the time of Plaintiff’s purchase of Lots 3 and 4 in 2004, Plaintiff knew or should have known of the commercial development on the adjacent Lots 5 and 8 and therefore, his cause of action regarding his perceived breach of the strict Industrial covenants should have accrued at the time he purchased Lots 3 and 4. ... As such, the undersigned does believe Plaintiff has failed to meet his statute of limitations for a breach of contract claim by filing this action in 2018, fourteen years after his purchase of Lots 3 and 4 in the WIP.

For an open credit card account, § 55-2-6’s limitations period begins with the last purchase absent an express agreement to the contrary, rather than when the creditor accelerates or charges off the account.

Asset Acceptance, LLC v. Grove · filed 2015-10-16

In the absence of some express agreement to the contrary, pursuant to Nestor, and West Virginia Code § 55-2-6, the limitation period began on April 21, 2008, and expired in April of 2013.

The five-year limitation period for implied contract actions can begin when the breach becomes known, and a factual dispute about when the plaintiff should have known of it precludes summary judgment.

Harris v. Jones · filed 2001-07-02

With regard to contract actions, this Comí; has stated that “the statute of limitations begins to run when the breach of the contract occurs or when the act breaching the contract becomes known.” ... The equitable principles of the Gaither analysis are, therefore, applicable to the plaintiffs tort and contract claims in the instant case.

Section 55-2-6 provides a five- or ten-year limitation for contract actions; it does not supply the limitation period for a federal civil rights claim requiring injury beyond contract rights.

Bright Mccausland v. Mason County Board Of Education · filed 1981-05-27

Under the law of West Virginia applicable here, the limitations period for actions brought on contracts is five or ten years, W.Va.Code § 55-2-6, and the limitations period for actions brought for personal injuries is two years, id. § 55-2-12. ... Although McCausland had and may still have a cause of action on his contract in the state courts, to demonstrate the required constitutional basis for his federal complaint he must allege personal injury transcending contract rights. It follows that, in the absence of any state statute of limitations specifically applicable to suits to redress a violation of civil rights, the West Virginia limitation on personal injury actions applies in this case.

Section 55-2-6’s ten-year period for written contracts does not apply to a § 301 action to enforce an arbitration award.

District 1199, Health Care & Social Services Union v. Coordinated Council for Independent Living · filed 1996-03-29

This Court will not apply West Virginia’s ten year statute of limitations for written contracts to this action. Not only can this case not fairly be characterized as one arising from an alleged breach of an employer’s obligation embodied in a written CBA, but application of such a lengthy limitation period would be inconsistent with national labor policy.

Section 55-2-6 applies when a complaint can reasonably be read as stating a contract claim, even if it also states a tort claim.

Fuller v. Riffe · filed 2001-03-09

The complaint could be read as stating a cause of action in contract, as well as in tort. ... Consequently, the trial court committed error in applying the tort statute of limitations to bar the action.

Section 55-2-6’s ten-year limitation period applies to claims for breach of a secured party’s duty to preserve collateral under § 46-9-207.

Thomas v. Branch Banking and Trust Co. · filed 2006-08-04

In light of the contract-based measure of the damages recoverable in a § 46-9-207 claim and the applicability of general U.C.C. restrictions on the type of damages recoverable, this Court concludes that the West Virginia legislature intended that claims brought under § 46-9-207 be limited by the ten-year period in § 55-2-6.

Section 55-2-6 gives five years to file an action on an oral contract; a retaliatory discharge claim arising from at-will employment sounds in tort and does not receive that period.

Shanholtz v. Monongahela Power Co. · filed 1980-07-10

An action on an oral contract must be filed within five years next after the right to bring the same shall have accrued. A tort action must be brought within one or two years after the cause of action shall have accrued. See W.Va. Code, 1931, 55-2-6 and 55-2-12, as amended, respectively. ... We now confer upon that inclination the status of a holding, thereby declaring *310that any cause of action this plaintiff had was in tort and that the statute of limitations embodied in W.Va Code, 1931, 55-2-12, as amended, is applicable.

Section 55-2-6 gives a party ten years to bring a contract action, beginning when the breach occurs or becomes known rather than when a party declares forfeiture.

McKenzie v. Cherry River Coal & Coke Co. · filed 1995-12-13

We have consistently held that the statute of limitations begins to run when the breach of the contract occurs or when the act breaching the contract becomes known. The statute of limitations does not begin to run when a party to the contract declares a forfeiture.

Section 55-2-6’s general contract limitations period does not apply to insurance policies governed by the insurance statutes’ suit limitation provisions.

Meadows v. EMPLOYERS'FIRE INS. CO. · filed 1982-12-15

Finally, we believe that the enactment of W.Va.Code, 33-6-14 (1957), and its forerunner, W.Va.Code, 33-2-29 (1931), both of which dealt with limiting the time for bringing suits, indicates that the Legislature did not intend to have the general contract statute of limitations of W.Va.Code, 55-2-6 (1923), apply to insurance policies.

Section 55-2-6’s five-year limitation gives way to the UCC’s four-year limitation for sales of goods.

Greer Limestone Co. v. Nestor · filed 1985-06-27

The appellant also raises the question of whether the five-year statute of limitations under W. Va. Code, 55-2-6, applies, as stated in Barnes v. Lilly, 110 W. Va. 643, 159 S.E. 873 (1931), or the four-year limitation as contained in the Uniform Commercial Code (UCC), W.Va. Code, 46-2-725. ... We, therefore, conclude that the four-year UCC statute of limitations is applicable.

Section 55-2-6's contract limitations period does not apply to civil rights claims that allege no breach of contract.

Vega v. Beck · filed 2024-05-06

Plaintiff's argument that his claims fall under the five-year contract statute of limitations are unavailing. Plaintiff's claims all stem from the allegations that defendants violated his rights. Nothing in plaintiff's Complaint alleges a breach of contract or anything remotely close to a contract claim.