Bill Text: WV SB489 | 2017 | Regular Session | Introduced
Bill Title: Relating to commencement of civil actions in magistrate court
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2017-03-01 - To Judiciary [SB489 Detail]
Download: West_Virginia-2017-SB489-Introduced.html
WEST virginia Legislature
2017 regular session
Introduced
Senate Bill 489
By Senators Azinger and Trump
[Introduced March 1,
2017; Referred
to the Committee on the Judiciary]
A BILL to amend and reenact §50-4-1 of the Code of West Virginia, 1931, as amended, relating to commencement of civil actions in magistrate court; and amending the requirements for a statement of the nature of the cause of action for commercial creditors.
Be it enacted by the Legislature of West Virginia:
That §50-4-1 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 4. PROCEDURE BEFORE TRIAL.
§50-4-1. Commencement of civil actions.
There shall be one form of
civil action in magistrate court. Civil actions shall be commenced by the
payment of the fees required by article three of this chapter and by providing
any magistrate court clerk, magistrate court deputy clerk, or magistrate
assistant with a concise statement, either oral or written, of the nature of
the cause of action. Where such statement is filed by a commercial creditor,
the statement shall include, but not be limited to, a setting forth of the
amount of the original obligation, the portion thereof which constitutes
principal, the portion thereof which represents interest, the date and amount
of payments thereon, the amount, if any, credited for the sale of repossessed
collateral, and the amount alleged to be due The magistrate court clerk,
the magistrate court deputy clerk, or magistrate assistant shall immediately
prepare a summons in such form and containing such information as may be
required by the rules of the Supreme Court of Appeals. The summons shall be
dated the same day the request therefor is received and the appropriate fees received,
and the action shall be deemed commenced as of that date. The magistrate
assistant shall thereupon forward the matter to the magistrate court clerk
together with any service of process fees which may have been collected.
Upon receipt of the matter by the magistrate court clerk, such clerk shall docket the same in a central docket, and shall sign the summons and forward it, together with any service of process fees, to the sheriff for service. Such clerk shall assign the action for trial in the manner as shall be prescribed by the judge of the circuit court, or the chief judge thereof if there is more than one judge of the circuit court, to promote and secure the convenient and expeditious transaction of the business of the court.
NOTE: The purpose of this bill is to amend the requirements of the statement relating to the nature of the cause of action for commencement of an action in magistrate court by commercial creditors.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
