W. Va. Code » §55-2-8. Acknowledgment by new promise.
West Virginia Code

W. Va. Code § 55-2-8 (2026)

Acknowledgment by new promise

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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ARTICLE 2. LIMITATION OF ACTIONS AND SUITS.

§55-2-8. Acknowledgment by new promise.

If any person against whom the right shall have so accrued on an award, or on any such contract, shall by writing signed by him or his agent promise payment of money on such award or contract, the person to whom the right shall have so accrued may maintain an action or suit for the moneys so promised within such number of years after such promise as it might originally have been maintained within upon the award or contract, and the plaintiff may either sue on such a promise, or on the original cause of action, and in the latter case, in answer to a plea under the sixth section, may, by way of replication, state such promise, and that such action was brought within such number of years thereafter; but no promise, except by writing as aforesaid, shall take any case out of the operation of the said sixth section, or deprive any party of the benefit thereof. An acknowledgment in writing as aforesaid, from which a promise of payment may be implied, shall be deemed to be such promise within the meaning of this section.

Notes of Decisions
Cited in 11 cases (2 in the last 5 years), 1985–2025 · leading case: Greer Limestone Co. v. Nestor, 332 S.E.2d 589 (W. Va. 1985).
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Greer Limestone Co. v. Nestor, 332 S.E.2d 589 (W. Va. 1985). · cites it 11× “” The reasoning of the Court in Kneeream was based on an analysis of W. Va. Code, 55-2-8, relating to extending the statute of limitations by a new promise to pay, which must be in writing.”
Braxton Lumber Co. v. Lloyd's Inc., 793 S.E.2d 341 (W. Va. 2016). · cites it 20× “: West Virginia Code Section 55-2-21 [1981] (pertaining to third-party complaints) and West Virginia Code Section 55-2-8 [1882] (pertaining to new written promises to pay a debt after it has become due).”
Worley v. Beckley Mech., Inc., 648 S.E.2d 620 (W. Va. 2007). · cites it 4× “tion, suit or scire facias, or any such bill to repeal a grant, shall be, at the time the same accrues, an infant or insane, the same may be brought within the like number of years after his becoming of full age or sane that is allowed to a person having no such impediment to…”
Merrill v. West Virginia Dep't of Health & Human Resources, 632 S.E.2d 307 (W. Va. 2006). · cites it 2× “tion, suit or scire facias, or any such bill to repeal a grant, shall be, at the time the same accrues, an infant or insane, the same may be brought within the like number of years after his becoming of full age or sane that is allowed to a person having no such impediment to…”
Miller v. Monongalia Cnty. Bd. of Educ., 556 S.E.2d 427 (W. Va. 2001). · cites it 2× “shall be, at the time the same accrues, an infant or insane, the same may be brought within the like number of years after his becoming of full age or sane that is allowed to a person having no such impediment to bring the same after the right accrues, or after such…”
Glover v. Narick, 400 S.E.2d 816 (W. Va. 1991). · cites it 2× “Code, 55-2-15, provides: "If any person to whom the right accrues to bring any such personal action, suit or scire facias, or any such bill to repeal a grant, shall be, at the time the same accrues, an infant or insane, the same may be brought within the like number of years…”
Jones v. Trs. of Bethany Coll., 351 S.E.2d 183 (W. Va. 1986). “tion, suit or scire facias, or any such bill to repeal a grant, shall be, at the time the same accrues, an infant or insane, the same may be brought within the like number of years after his becoming of full age or sane that is allowed to a person having no such impediment to…”
Weirton Ice & Coal Co. v. Weirton Shopping Plaza, Inc., 334 S.E.2d 611 (W. Va. 1985). · cites it 6× “” Although the parties have invited us to explore several issues, we believe that only one of them needs to be answered to resolve this case: Did the checks issued by the Shopping Plaza, in partial payment of its debt, and bearing notations to that effect, constitute written…”
Harper v. Walker Mfg. Co., 699 F. Supp. 85 (S.D. W. Va. 1988). “action, suit or scire facias or any such bill to repeal a grant, shall be, at the time the same accrues, an infant or insane, the same may brought within the like number of years after his becoming of full age or sane that is allowed to a person having no such impediment to…”
Barbara Stine Trivett v. Summers Cnty. Comm'n, No. 22-0202 (W. Va. Nov. 8, 2023). “2023), which provides that [i]f any person to whom the right accrues to bring any personal action other than an action described in subsection (a) of this section, suit, or scire facias, or any bill to repeal a grant, shall be, at the time the same accrues, an infant or insane,…”
Adrian Osborne v. Kevin Mace, No. 25-ica-72 (W. Va. Ct. App. Nov. 12, 2025). “5 an infant or insane, the same may be brought within the like number of years after his or her becoming of full age or sane that is allowed to a person having no such impediment to bring the same after the right accrues, or after such acknowledgment as is mentioned in § 55-2-8…”
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