Bill Text: WV HB4919 | 2020 | Regular Session | Introduced
Bill Title: Requiring certain identifying information of the judgment debtor
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-02-11 - To House Judiciary [HB4919 Detail]
Download: West_Virginia-2020-HB4919-Introduced.html
WEST virginia legislature
2020 regular session
Introduced
House Bill 4919
By Delegate Miller
[Introduced February 11, 2020; Referred to the Committee on the Judiciary]
A BILL to amend and reenact §38-3-4 of the Code of West Virginia, 1931, as amended, relating to abstracts of judgments; requiring certain identifying information of the judgment debtor.
Be it enacted by the Legislature of West Virginia:
ARTICLE 3. JUDGMENT LIENS.
§38-3-4. Abstracts of judgments; damages or penalty for failure of clerk or justice to deliver.
The clerk of every court of
this state shall, without delay, make out and deliver a duly certified abstract
of every judgment rendered by such court, and every justice of the peace shall,
without delay, make out and deliver a duly certified abstract of every judgment
rendered by him or her or by any other justice, the docket of which
judgment is in his or her possession and under his or her
control, to any person interested therein who may demand the same, and pay or
tender the fee therefor, in which abstract shall be stated: (a) The names in
full of the plaintiff or plaintiffs, and (b) the names in full of the
defendant or defendants, as they appear in the papers and proceedings in the
cause, and if the defendants are sued as partners, the individual names of such
defendants, and also the partnership name shall be stated; (c) to the extent
possible, the present address, the last four digits of the individual
defendant’s Social Security number and the date of birth, which information
shall be made available for the purpose of properly identifying the judgment
debtor; (b) (d) the amount of the judgment and the amount of
the costs, stating each separately; (c) (e) the value of the
specific property (if any) recovered by it, and the damages, if any, for its
detention; (d) or (f) the date of the judgment and the court in
which, or the justice by whom, the judgment was rendered. Any clerk or justice
who shall fail to deliver such abstract as herein required shall, together with
the sureties in his or her official bond, be liable to the person
injured by such failure for the amount of his or her injury, or such
injured person may, at his or her option, recover $50 from such clerk or
justice.
NOTE: The purpose of this bill is to require certain identifying information on a judgment debtor to be included on an abstract of judgment.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
