Pennsylvania Collection Law Tips

1. Pennsylvania is a fact pleading state and somewhat archaic in that regard. Therefore, copies of any contracts, invoices, bills, etc. need to be forwarded for the proper preparation of a complaint.

2. There is no wage attachment here in the Commonwealth of Pennsylvania, except in very limited cases for child support and unpaid rent for less than one year. There is legislation pending concerning same, however, its likelihood of passage is very low, since similar laws have been proposed for many years.

3. We have married couples usually owning property as “tenants by the entireties”, and generally one cannot break this marital tenancy. Therefore, if one has a judgment against a husband or wife only, they cannot proceed against property which is jointly held by the husband and wife. Therefore, if both spouses can be sued in a retail claim, this is always advisable since the prospects for collection of that judgment is much greater.

4. In the event a judgment is entered against an individual, it automatically places a lien upon all real estate that individual may own in the County where the judgment is located. No further proceeding is necessary for this judicial lien to attach. However, the property must be owned by the exact defendant in the matter. Therefore, if the property is owned by husband and wife and the judgment is only against the husband or wife, it is not a lien.

5. Judicial liens on real estate maintain their priority for a period of five (5) years. That lien must be revived every five (5) years to maintain its lien position against the real estate. Although judgments are good for twenty (20) years here in the Commonwealth to maintain the priority position, revival is necessary.

6. Bank attachments are allowed and the same rules apply. One can only attach the funds in a bank account against the exact named debtor. Jointly held funds can be attached, but not when they are jointly held by husband and wife.

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