(724)-887-4544
Henderson Law Offices located in Scottdale, PA practices Judgment Collection.
Obtaining a judgment is usually only half the battle. Unless a judgment is secured by real estate or personal property, a judgment does not automatically attach to the property of a defendant debtor.
Actually getting paid from a judgment is a process that involves many factors. For example, the type of the judgment matters. Whether a judgment is a foreign judgment, a magisterial judgment, an arbitration award, a federal judgment or a judgment from a Court of Common Pleas judge will determine what can be done to collect on a judgment.
A detailed analysis of the debtor’s assets should be reviewed before determining what options a creditor may have available.
Many factors determine if an asset is subject to collection
The assets of the debtor may or may not be subject to collection methods of a creditor. Some of the factors to determine if an asset is subject to collection are:
- The type of asset. Certain types of assets are immune from creditor collection such as unemployment compensation, social security benefits, certain retirement funds, certain insurance proceeds, and certain veteran benefits.
- Other creditors. Sometimes an asset subject to collection is already encumbered by other creditor liens and there may be little or no equity for the creditor to attach the debt.
- How the asset is held. An asset may be held in such a way as to not be subject to collection such as property held as tenancy by the entirety (with a spouse) but a detailed analysis of each asset should be performed.
Methods of Executing on a Judgment in Pennsylvania
Unlike other states, Pennsylvania does not permit wage garnishment for the collection of most debts. The most common methods of collecting judgments in Pennsylvania are:
- Garnishment of Bank Accounts and other third party assets. Bank accounts or other assets held by third parties may be taken to satisfy the debt.
- Property Seizures. The debtor may be required to sell off real estate, vehicles or other property to satisfy the debt.
- Sheriff Levy of Personal or Business Property – The Sheriff of the county where the debtor’s property is located may take control of that property and auction that property off to the highest bidder.
We handle Judgment Collections in Pennsylvania and Florida
Please contact Henderson Law Offices at 724-887-4544. You can also contact us online to set up your free initial consultation with our lawyer in our Scottdale office.