Legal Question in Credit and Debt Law in Pennsylvania
Writ of Execution or Not?
In July of 2004 I won a judgement against an individual for non payment of a personal loan. From July to September I recieved 1 payment in a lesser amount that was agreed to and set by the defendant. I went to the County District Court and placed another judgement and again until today I have recieved another 2 payments, again not in the amount agreed to. I would like to resolve this as soon as possible and would like to execute a writ of execution against this individuals property. Unfortunately I don't much more recourse and would like to know if this would be in my interest to do so. I would also like to know what items can or cannot be siezed. Basically I want to know the procedure for the siezure of propert who does it and how? Thank you for any advice I can get. I need Help.
1 Answer from Attorneys
Re: Writ of Execution or Not?
The only considerations should be: 1. Does the defendant have assets worth executing upon? 2. Will the execution trigger a bankruptcy filing by the defendant? Obviously the amount of the debt matters as well as your willingness to pay the sheriffs costs to execute the judgement. Generally most personal property can be seized but there are certain statutory exceptions including bibles, prosthetics and property allowances up to $1800.00. I offer free consultations.