Legal Question in Credit and Debt Law in Pennsylvania

Constable errs in executing writ

Following the legal procedure, my judgment was given to constable for execution. Constable failed to complete the inventory and made personal decisions about items protected from execution. District justice failed to require constable to complete inventory.I have learned that no list of protected items exist( as the constable claimed); it is unheard of for a constable to not complete an inventory of items to be seized to sale to settle judgment. The debtor has now disposed of property which could have been used to settle the debt. Are there any legal options open to me at this point to collect the judgment?


Asked on 3/15/04, 12:18 pm

1 Answer from Attorneys
Gerald Hershenson Law Office of Gerald M. Hershenson

Re: Constable errs in executing writ

Once property is under levy it is a crime to sell or dispose of property. You can ask for a certified copy of the judgemnt from the District Justice and record that judgment in County Court. It will be lien against any real estate owned. Also you can ask the Sheriff to levy on bank accounts based upon the newly recorded judgment. Suggest you consult with an attorney. Gerald Hershenson 215-579-9390

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Answered on 3/15/04, 12:48 pm


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