Legal Question in Credit and Debt Law in Pennsylvania

civil judgement

if a shreiff sells my property at auction for less than my debt, what about the balance


Asked on 8/17/07, 11:45 am

3 Answers from Attorneys

John Gibson John W. Gibson, Esquire

Re: civil judgement

You still owe it. The judgment is only partially satisfied.

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Answered on 8/17/07, 11:49 am
Glenn Brown Real World Law, P.C.

Re: civil judgement

Generally that amount is still owed.

Good luck to you.

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Answered on 8/17/07, 11:52 am
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: civil judgement

You asked about a sheriff's sale.

When a sheriff sells property to satisfy a foreclosure or other legal debt (usually a judgment) there may a deficiency if the sale is for less than the amount owed.

A deficiency is a legally enforceable debt and can remain an obligation for as long as the underlying debt lasts. 20 years for judgments.

It is possible to ask a creditor to waive the deficiency either it whole or partially if the debtor can make a partial payment. It doesn't hurt to ask.

You may also consider bankruptcy to forestall the sale and possibly relieve yourself of numerous debts. An attorney can help you evaluate your options but you need to speak to an attorney immediately, before the sale. A possible bankruptcy could even be used as leverage to obtain a waiver of any potential deficiency. But that is not a move that should be attempted without an attorney.

Regards,

Roger

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Answered on 8/17/07, 12:13 pm


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