Legal Question in Civil Litigation in Pennsylvania
i won a small claims case (around 1000$) against my ex boyfriend who is in his early twenties. He is basically refusing to pay me and i'm now not sure what options i have to receiving my payment. If he still lives with his parents and doesnt own his own house or car can i still file a writ of execution? also what are my options to getting my money?
1 Answer from Attorneys
There is no wage garnishment in PA for this kind of thing. If he lives with his parents and has no land or a car, then what are you going to get? If he has a bank account with over $300, then you can levy on that. It is going to cost money for a writ of execution and the sale of any personal property (like tvs or furniture) really is not going to bring in very much.
What I would do is wait for awhile. Judgments on land can be renewed every 5 years. Judgments on personal property last for 20 years though. That means that you can execute on the judgment at any time.
The judgment earns interest at a rate of 6% per year and interest accrues on a daily basis. And the judgment will be on his credit report.
So even though he is a deadbeat now, he is young and there is always the chance that he will want to get his act together someday and buy a house or get a car. He will not be able to buy a house with this judgment until he gets it resolved. If he ever comes to you, you can always agree to resolve it at that time. For a car or other loan, he is not going to be able to get very favorable rates with this judgment on him either, and again, his options are to either get this resolved or pay the higher rates or else not have things in his own name.
However, if he is someone who wants to go through life never owning anything and keep himself "judgment proof" there is not much that you can do. You made your point by getting a judgment against him.
You can always get up with a local lawyer who does collection work and see what it would cost to go after this guy and do an asset search, but my guess is that spending any more on this is a huge waste of time and you would be better off to let this be and let the ex-boyfriend come to you if and when he is ready to settle.
However, this is just my opinion after working in the law for over 20 years and with debtors/ creditors. A litigation lawyer or lawyer specializing in collections may have another opinion and you are welcome to get one.
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