One-Year Statutory-Penalty Limitation
Under WV Code §55-2-12(c), an action upon a statutory penalty must be commenced within one (1) year. Municipal parking citations under WV Code §17C-13-1 et seq. are statutory penalties. Where a city or collection agency attempts to collect on a citation more than 1 year after final adjudication or default, the action is time-barred. WV Code §55-2-6 imposes a 5-year cap on contractual debts; many WV cities aggressively pursue 3-7 year old tickets that are well past limitations.
Legal basis
WV Code §55-2-12(c) (one-year limit on statutory penalties); WV Code §55-2-6 (general contract limit)
Sample appeal wording
TO: [City Parking Division / Collection Agency / Magistrate Court] RE: Citation No(s) [#], Issued [DATE] The above citation(s) became final more than one year ago. Under W. Va. Code §55-2-12(c), any action to enforce a statutory penalty must be commenced within one year of accrual. Collection of these citations is time-barred. I dispute the debt and demand: (1) cessation of collection; (2) release of any DMV registration hold; (3) written confirmation no derogatory credit report has been or will be made. I reserve all rights under the WV Consumer Credit and Protection Act, W. Va. Code §46A-1-101 et seq., and the federal FDCPA. [NAME] [ADDRESS] [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- WV Code §55-2-12(c)
- WV Code §55-2-6
- WV Code §46A-1-101 et seq.