Legal Question in Credit and Debt Law in Pennsylvania

I have paid the plaintiff in a civil suit, and they have not yet filed any info with the court in regards to it. Is there any counter action i can take with them if they have frozen my bank account, and I cannot unfreeze it?


Asked on 2/02/16, 11:18 am

2 Answers from Attorneys

Greg Artim Morrow & Artim, P.C.

Yes, there is a statute that covers this. If you have paid in full, and tendered the costs to satisfy the docket, then the Plaintiff must satisfy or you can potentially have a claim against them. This could be a fairly big deal if the Plaintiff is a debt collector.

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Answered on 2/02/16, 11:42 am

I agree generally with Attorney Artim. Why has the creditor frozen your bank account? It means you had a judgment against you and did nothing. But you do not divulge relevant information. When was the judgment entered? By whom? Who is the law firm representing? When was the judgment satisfied? When were the funds levied?

What steps have you taken? Have you contacted the law firm to get them to release the hold if the judgment has been satisfied? Have more than 90 days elapsed since you paid? Have you made a written demand to have the judgment marked satisfied?

I think your first prioity has to be on getting the bank account unfrozen. You should be contacting the plaintiff's law firm to get them to release the hold since the judgment has been satisfied. Secondarily, they need to mark the judgment satisfied. If you have spoken to them and made a written demand which they have ignored then its time to get an attorney. Since you live in the same general vicinity as Attorney Artim, I suggest you contact him or another consumer attorney for assistance.

Below is the statute referenced by Attorney Artim:

42 Pa.C.S.A. � 8104. Duty of judgment creditor to enter satisfaction

(a) General rule.--A judgment creditor who has received satisfaction of any judgment in any tribunal of this Commonwealth shall, at the written request of the judgment debtor, or of anyone interested therein, and tender of the fee for entry of satisfaction, enter satisfaction in the office of the clerk of the court where such judgment is outstanding, which satisfaction shall forever discharge the judgment.

(b) Liquidated damages.--A judgment creditor who shall willfully or unreasonably fail without good cause or refuse for more than 90 days after written notice in the manner prescribed by general rules to comply with a request pursuant to subsection (a) shall pay to the judgment debtor as liquidated damages 1% of the original amount of the judgment for each month of delinquency beyond such 90 days, but not less than $250 nor more than $2,500. Such liquidated damages shall be recoverable pursuant to general rules, by supplementary proceedings in the matter in which the judgment was entered.

Credits

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Answered on 2/02/16, 7:51 pm


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