Legal Question in Business Law in Pennsylvania
How to Garnish a Bank Account
I received a judgment in my favor from the District Justice and no appeal had been filed. I then filed a Judgment against an individual and their business. Despite the fact the judgment has been filed and the defendant notified, I still have not been compensated for the money judgment. Therefore, I intend to garnish that individual's bank account.
My question is, however, what if the account happened to be a joint account? How would the bank handle this issue? It is going to cost me more monies to file a Praecipe and Writ of Execution as well as Sheriff's costs; therefore, I would like to have an idea if I will be able to recover any monies going this route. Thank you.
1 Answer from Attorneys
Re: How to Garnish a Bank Account
Prior to filing the writ of execution you should send written interrogatories to the defendant requiring him to answer where he has assets. Pa rules of civil procedure rule 4000 et seq. contains the information you need to file them. If the defendant refuses to answer, you could then file a motion in court to compel his answers and recover attorneys fees in connection with the motion. Depending on the size of your judgement it may be wise to retain an attorney to execute on it. I offer free consultations.
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