Virginia HB 76: Statute of limitations on written contract; missing persons declared dead, executor of estate.

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2021 SESSION

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20101269D

HOUSE BILL NO. 76 

Offered January 8, 2020 

Prefiled December 6, 2019 

A BILL to amend and reenact � 8.01-246 of the Code of 
 Virginia, relating to statute of limitations on written contract; missing 
 person declared dead; executor. 
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Patron-- Edmunds 

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Referred to Committee for Courts of Justice 

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Be it enacted by the General Assembly of Virginia:

1. That � 8.01-246 of the Code of Virginia is amended and 
 reenacted as follows:

� 8.01-246. Personal actions based on contracts.

Subject to the provisions of � 8.01-243 regarding injuries to 
 person and property and of � 8.01-245 regarding the application of limitations 
 to fiduciaries, and their bonds, actions founded upon a contract, other than 
 actions on a judgment or decree, shall be brought within the following number 
 of years next after the cause of action shall have accrued:

1. In actions or upon a recognizance, except recognizance of 
 bail in a civil suit, within 10 years; and in actions or motions upon a 
 recognizance of bail in a civil suit, within three years, omitting from the 
 computation of such three years such time as the right to sue out such 
 execution shall have been suspended by injunction, supersedeas or other 
 process;

2. In actions on any contract that is not otherwise specified 
 and that is in writing and signed by the party to be charged thereby, or by his 
 agent, within five years whether such writing be under seal or not. In any action that would otherwise 
 be time-barred 
 by the provisions of this subdivision, wherein a person who would be party to such 
 action was a missing person presumed dead and subsequently determined to be 
 dead pursuant to the provisions of Chapter 23 (� 64.2-2300 et seq.) 
 of Title 64.2, the 
 executor of such person's estate shall have one year from the entry of an order 
 declaring such person dead 
 pursuant to � 64.2-2305 to bring such an action, provided such cause of action accrues 
 on or after the date upon which such person went missing;

3. In actions by a partner against another for settlement of 
 the partnership account or in actions upon accounts concerning the trade of 
 merchandise between merchant and merchant, their factors, or servants, within 
 five years from the cessation of the dealings in which they are interested together;

4. In actions upon (i) any contract that is not otherwise 
 specified and that is in writing and not signed by the party to be charged, or 
 by his agent, or (ii) any unwritten contract, express or implied, within three 
 years.

Provided that as to any action to which � 8.2-725 of the 
 Uniform Commercial Code is applicable, that section shall be controlling except 
 that in products liability actions for injury to person and f