Legal Question in Credit and Debt Law in Pennsylvania

Defauft Judgement in Pa

Hi, I have received a letter in regular mail from a ''collection law firm'' saying a judgement has been put on me. I own 90,000 on my home..can it be taken away to pay off this debt? Can my wagws be garnished for this? What usually happens? Thanks


Asked on 10/10/07, 1:19 pm

1 Answer from Attorneys

Matthew Nahrgang Nahrgang & Associates, P.C.

Re: Defauft Judgement in Pa

Before a judgment can be entered against you, you must be notified that you are being sued. Then you would have an opportunity to defend yourself. The only exception to this is when the Plaintiff claims you are simply avoiding service. In that event, an Order can be entered allowing for service by mail and publication that you would never see.

If you have indeed been sued and a judgment entered without your knowledge, you may petition to strike the judgment. You will have the burden to prove that proper procedures weren’t followed.

Assuming that proper procedures were followed (an adult individual in the house could have received it or it could have been received via certified mail) then you indeed have no remedy. The effect is a lien on any real estate owned in the county where the judgment is entered. However, it must be entered at the common pleas level as opposed to merely a district justice.

They cannot attach your wages but they can seek to sell your car, household goods and furnishings and attach your bank account. Depending on the amount and number of any other debts, it may be in your best interest to consider bankruptcy. I have handled a number in your district so feel free to call or E-mail me for a free initial consult.

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Answered on 10/10/07, 5:36 pm


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