Legal Question in Civil Litigation in Pennsylvania

Writ of Execution and Exceptions

1. When the creditor files for a Writ of Execution, does the Defendant recive notice prior to any property being levied?

2. In PA, the exception allowed for Writs of Execution is 300.00. If the judgment amount is 378.00, could a payment be made in the amount of 78.00 and the remaining 300.00 be placed under the exception?


Asked on 6/26/07, 2:03 pm

1 Answer from Attorneys
John Gibson John W. Gibson, Esquire

Re: Writ of Execution and Exceptions

In answer to your second question, no. You're confusing the exemption with the amount that's owed. You can exempt your $300.00 but if you have $678.00 in the bank account they will take the full $378.00 if they execute upon the account.

In answer to your first question, probably not. If the creditor knows where you have your bank account, he will probably obtain a Writ of Execution and serve your bank as a garnishee. The bank then has to hold your funds and tell the creditor what is in the account. The bank then releases the amount in your account to the judgment holder.

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Answered on 6/27/07, 10:48 am


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