Legal Question in Credit and Debt Law in Pennsylvania

Just received a writ of revival on a judgement delivered by local county sheriffs office. Aside from the fact that the writ is showing Discover Bank as the Plaintiff and I have never had any accounts with Discover Bank in my life, the more important question I have is this: The writ is stamped filed or issued 2016 Apr 28 by my county Prothonotary. The original judgement is shown dated November 29, 2010. As far as I am aware, the statute of limitations in the state of Pennsylvania is four years with a one year period of time after the four to revive a judgement. Am I right about that? If so, wouldn't the statute of limitations have run out on this judgement on November 29, 2015? I notice that on some of the additional copied pages that came with this judgement that there is a stamp that shows this being issued on Nov 16th 2015 but I have never received anything about this until today. I also notice on the copies with the copied stamp showing the issue date of Nov 16, 2015, there is an additional stamp on the back of the page with a reissue date of April 28, 2016. It seems that they were trying to get this writ revived back then but for some reason or another nothing became of it and they are now trying to reissue the writ after the statute of limitation has expired. Do I have a leg to stand on here? can the legally do this?


Asked on 5/16/16, 5:42 pm

2 Answers from Attorneys

Statute of limitations is a legal defense to a court action. It does not apply to judgments. Judgments last forever. For enforcement purposes, judgments can be enforced for 5 years against real property unless revived and 20 years against personal property.

If you had no accounts with Discover, the time for raising that issue was when you were first sued years ago. Why didn't you? Too late now.

I would need to see documents and the court docketing statement. I don't follow your post about date stamps. That only tells me when things were filed - that may or may not be when the documents were entered though. As I said, judgments can be revived after 5 years. If more than 5 years elapses, kit does not render the judgment invalid. It only means that if there were other judgments entered, the judgment that was not timely revived would lose its status in terms of priority.

You need to think about how you are planning on resolving this - either by paying, settling or filing bankruptcy. I suggest that you see local counsel who handles defense of credit card debt, pay him or her to review your file and go over the options of what you can do. If you don't want to file bankruptcy and don't have the funds, chances are you may be judgment proof. If so, then try and save up money so that you will be in a position to resolve this debt at some point.

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Answered on 5/16/16, 9:10 pm
Greg Artim Morrow & Artim, P.C.

Your analysis is incorrect in every aspect. Judgments can be enforced for 20 years. The revival aspect has to do with positioning amongst other judgment creditors. Statute of limitations applies to the amount of time that the creditor has to sue you. You should have defended the case when it was brought .

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Answered on 5/17/16, 6:04 am


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