Legal Question in Civil Litigation in Pennsylvania
Can a hydraulic lift be seized by a writ of execution?
I recently won a small claims case against a transmission repair shop that is Incorporated. The appeal time has elapsed and the defendent refuses to pay. I have the options of filing a Writ of Execution and have the Sheriff's Dept serve it on the defendent. The charge is $84. Before I expend more money than I already have I would like to know if the ''in-ground hydraulic car lift'' in the shop can be siezed by the Sheriff in order to satisfy the judgement. This is the only property I know that should belong to the corporation because it is part of the shop itself. I have no idea of were they bank or anything else.
Once again can this lift be seized for sale by the Sheriff or would this be a waste of time and money?
Is there any other suggested options that can be offered that might assist me in recovering the judgement? ($645).
I have called Harrisburg and found that the coportation has been in existence since the 70's and is in good standings.
Please help as I need this money to have my transmission repair properly without it the transmission will get worst and the car will become undriveable.
1 Answer from Attorneys
Re: Can a hydraulic lift be seized by a writ of execution?
it can be seized, however, you neeed to find out if there is a UCC lien on the item. Often, these types of equipment are financed and the lender has a lien on it. If there is a lient, the lien holder gets the first money, you get whats left over.