Legal Question in Civil Litigation in Pennsylvania
I won a judgment in magistrate court, my attorney told me at that time it could take up to two years because they would appeal, numerous calls to my attorney for an update went unanswered and after 2 years I have found that my attorney has quit practicing and that his phone has now been disconnected. I called the Court house and found that he never filed anything after we initially won. What can I do??
2 Answers from Attorneys
Contact the DJ (magistrate ct) & find out if the defendant (D) took an appeal. If no, you can try to collect on the judgment. The judgment is good for 5 years, but must be "renewed" before 5 years. The easiest way to collect is to attach the D's bank account, but you need to know the name of the bank they deposit money into. If not known, you can try some the pay services on the internet, or hire a PI, which may not cost too much (I don't know the amount of your judgment to know if the cost is worthwhile). If you can't get bank info you have to start the process of selling the stuff in the D's house. Many times just starting the process will pry the money out. The DJ's clerk should help you complete the forms for the bank attachment or the sale process. The 1st form for the sale process is called a Writ of Attachment. You can probably do this yourself if you take some time to speak with the DJ clerk and if he/she is somewhat cooperative. Good luck!!
First of all, your attorney did not have to file anything if you won. However, the other party might have appealed. Did you attend any further hearing? If you did not, what, if anything happened at that hearing?
As Attorney Teitell notes, judgments become a lien on any realty owned by the defendant and is good for five years. It can be renewed before the time has lapsed so you would be within that time period if you have a valid judgment. Judgments on personal property can last up to 20 years. You can levy on a defendant's bank account for any sums over $300. There is no wage garnishment in PA except where monies are owed as back rent to a landlord. While you can try and collect on the judgment yourself, it is better to have an attorney handle the process for you so that matters will be do ne correctly. Whether you want to spend money for an asset serach will depend on the size of the judgment. There are many services online that provide this service for a reasonable fee. You could also try to do some work on your own (look at the Register of Deeds to find out if he owns land, for example).
Your attorney did not handle the closure of your case properly. You could try filing a grievance with the Disci9plinary Board, but If he is no longer practicing, there is not much that you can do. You can sue him civilly if he caused a loss to you (such as not telling you about the case and the case was dismissed because you did not know about it).