Legal Question in Civil Litigation in Pennsylvania
Best way to collect?
I won a civil verdict against an 18 year old woman (living w/her parents) who has not paid in the 30 days required. I've been told I can get an order of execution for a sale of the woman's property to pay her debt, but I must pay $170.00 to do so. I am worried that the woman will be able to claim she has no possessions and that I will have paid the additionally monies and still not gotten my amount due ($1600.00). Do I have any additional recourse; how best should I attempt to collect the money owed me?
1 Answer from Attorneys
Re: Best way to collect?
I'm sure you have heard the old adage "you can't get blood from a stone." That is, if she has no money or other assets, you can't collect anything. The best way to collect is to attach money she may have deposited into a bank account, which is in her name only. If you can find-out if she has a bank account, the court will assist you in preparing the necessary papers to attach the account. However, you can only get the amount which is on deposit at the time the bank is served with the attachment documents. This may be far less than the amount which is owed to you. In addition to bank accounts, if she owns a car you can force a sale, unless there is an outstanding loan. Collections can be legally complicated, especially if there is no money in a bank account. Be advised that in Pa. judgments are only good for 5 years, and then lapse. Prior to 5 years you can aske the court to renew the judgment for another 5 years, and so on forever. That way, hopefully eventually she may want to borrow money & will be forced to pay off your judgment in order to obtain credit from a lender.