Legal Question in Civil Litigation in Pennsylvania

if i won a civil judgement at the magistrates and have waited the 30 days for the appeal process and the other party lives in a different state, do i file with the prothonotary in my state our theirs so as to put a lean on their property


Asked on 9/03/10, 3:25 pm

2 Answers from Attorneys

Jack Hall Hall Bankruptcy Services

Once you get a final judgment in your state, you have to file the judgment as a foreign judgment in the state where the debtor has property in order to create a judicial lien. This might be easier to talk about on the telphone. I will not charge you just to talk on the phone. You are welcome to call me anytime at this number. 915 261-3893

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Answered on 9/08/10, 9:11 pm
Richard Teitell Richard K. Teitell, Esquire, P.C.

What you really want to know is where the defendant (D) has assets you can attach. For example, if you know the D has a bank account at Bank of America in another state, you can still attach that bank account since B of A has branches in PA. But, if you have no idea of D's assets, you need to transfer your judgment to the other state. Most states have passed the Uniform Transfer of Judgment Act, but there can be different procedures in each state. I find the best thing to do is call the court clerk (not small claims court, unless it is a "court of record" in that state so any judgment will be recorded & act as a lien (note spelling) on property) in the county where the D resides & ask the procedures and fees to transfer an out of state judgment to that court. Once the judgment has been properly transferred you can then try to go thru collection procedures. Good luck!!

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Answered on 9/09/10, 7:32 am


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