Legal Question in Civil Litigation in Pennsylvania
I won a small claims suit last year for $2,500. The defendant repaid $500 and then stopped--the last payment was in March, 2010. I am now looking into the ways in which I can excute the judgement.
My question: He owns a house with a non-spouse. Can I put a lien on that?
1 Answer from Attorneys
No. if the house or property is owned as a tenancy in common, you can only go against that portion actually owned by the defendant. However, you do not tell me if the property is mortgaged or owned free and clear.
I assume that the judgment was entered in PA. There is no wage garnishment in PA unless this was a judgment for unpaid rent. If not, then you can execute on other assets - like his bank account. A debtor can exempt only $300 in the bank. You can also execute on his car, but it will depend on if it is financed or owned free and clear. it will also depend on its value.
I encourage you to contact a lawyer who specializes in collection of debts and seek their assistance to execute on the judgment. It costs money to do this and you want to make sure that it is done correctly.