Legal Question in Credit and Debt Law in Pennsylvania
sirs, I am due in district court next tuesday due to nonpayment of services and am not able to attend due to illness and disabilities. I know judgement will go to collection agency. but what happens then. Will they sheriff sale me. I own a few high end guitars high end stereo and the like, should and could I move them before the hearing? Thank you, Rev. John M. Jones III
1 Answer from Attorneys
Judgment may or may not go to a collection agency. The judgment lasts forever. It will earn interest at the statutory rate of 6% per year and the post-judgment interest accrues on a daily basis. The judgment, once entered, will attach as a lien to any real property that you own as well as personal property. It can be enforced for a period of 5 years against real property unless it is renewed. It is enforceable against personal property for 20 years including bank accounts.
There are no homestead exemptions or exemptions for motor vehicles in PA. You can keep no more than $300 in any one bank account (unless you receive exempt income, like SSDI, due to your disabilities).
I do not know what you owe or own, the nature of this and your other debts, and your overall circumstances so what you do next will depend.
It may make sense for you to do nothing if you cannot pay, have no assets and only receive exempt income like Social Security. It may make sense for you to file bankruptcy if you have other debts including this and your dischargeable debts are over $10,000. It may make sense for you to save your funds and try to settle this debt when you are able. Or it may make sense to try and work out some kind of payment arrangement to prevent the creditor from going after your assets.
What will make sense for you is to get up with an attorney who can review your situation and advise you.
Will they sheriff sale you? It depends on the creditor, what the debt is for and what you own. The creditor wants money, not your possessions which will bring in very little at a sheriff's sale. However, I have had a sale threatened for a client of mine in at least once instance so it is theoretically possible, albeit unlikely, unless you are in possession of a particularly valuable item which the creditor happens to know of.