Legal Question in Credit and Debt Law in Pennsylvania

I had a judgment entered against me for a credit card debt in June 2013. Recently, a judgment on "non pros" OF NON PROS IN FAVOR BANK /GARNISHEE AND AGAINST PLAINTIFF FOR FAILURE TO ENTER A JUDGMENT AGAINST GARNISHEE. 236 N/S 5/18/16.

What exactly does the judgment of "non pros" mean? Can the plaintiff continue to try to come after me with another attorney?


Asked on 7/28/16, 1:27 pm

2 Answers from Attorneys

Greg Artim Morrow & Artim, P.C.

You're mixing things up. The judgment against you is still there. The judgment holder attempted to garnish your bank account. They sent a questionnaire to the bank. The bank responded. Then, the judgment holder did nothing. They were supposed to enter judgment against the bank, and then the bank would have given them whatever money you had in that account. My guess is that you didn't have much in the account at that time, so the judgment creditor didn't bother.

In a nutshell, there is still a judgment against you and yes they can continue to try to execute on your assets.

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Answered on 7/28/16, 1:55 pm

Judgment of non pros is short fo nolle prosequi. Its (bastard) Latin for failure to prosecute. A plaintiff has an obligation to move a case forward. If they do not do it, the court will dismiss the action for failure to prosecute.

PA only allows garnishment for certain types of things. It sounds like plaintiff obtained a judgment against you. Judgments last forever although for execution purposes, they can be enforced for 5 years against real property unless renewed and for 20 years against personal property. That judgment is intact. Plaintiff sought to collect on the judgment by garnishing a bank account or your wages or other property of yours held by some third-party and a summons was issued to the garnishee/holder of the property. For whatever reason, the plaintiff did not pursue this so the garnishment w as dropped. But the judgment against you is still in place and the plaintiff can try to go after your assets that are owned free and clear. Do not keep more than $300 in the bank (PA only allows an exemption for $300 unless you received Social Security or similarly exempt income like worker's compensation or unemployment compensation). There is no exemption in PA for motor vehicles or land or household goods, although things might be protected if you are married.

I suggest that you consult with an attorney, like Attorney Artim, to review your documents and decide how best to protect your assets and deal with the judgment.

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Answered on 7/28/16, 7:09 pm


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