Legal Question in Credit and Debt Law in Pennsylvania
i had a writ of execution on this person they avoid the sherrif each time he went to ther home not answering the door or phone calls, how do i get a break and enter order.
1 Answer from Attorneys
There is no such thing as a "break and enter" order. Do you mean that you are a landlord seeking to regain possession of property? If so, this is not a credit, debt and collections question. That said, only the courts can put you in lawful possession of the property and you will need a valid court order to have the sheriff evict the person and padlock the property.
If you are trying to serve an execution order on someone for a credit card or other type of debt, you will need to see an attorney regarding service by other means after attempts at service by the sheriff fail.
My question to you is, what good will the execution do? If they are evading service, what do they have? How will you collect on the money judgment? There is no wage garnishment in PA unless you are a landlord and owed back rent. If you are owed back rent, does the person work? Are they self employed or paid uner the table? If so, garnishment will not be possible. You can levy on their bank account if they have more than $300 in the account. You can perform asset searches, for a fee, on your own or through an attorney. Do they have a car or land that is owned free and clear? While you can sell their furniture, that is not really going to bring in all that much and there are costs associated with the sale.
Judgments on land are good for five years in PA and can be renewed every five years after that. Judgments on personal property are good for 20 years. Judgments will stay on the person's credit report for 7 years and they will not be able to buy a car, house or otherwise get credit in their own name unless they pay the judgment.
I suggest that if you are serious about executing on the judgment that you see a landlord-tenant attorney, if you are a landlord trying to evict or collect on back rent. If this is for some other type of judgment, then seek out a civil collections attorney, to get assistance with execution on the judgment.