Legal Question in Landlord & Tenant Law in Pennsylvania
I am a landlord in Philadelphia. I had a tenant who did not pay rent for three months. I won the court judgment against him and have filed a Writ of Execution to garnish his wages for back payment with the Office of Sheriff. The tenant has since moved out and of course did not leave a forwarding address. I supplied the Sheriff's Office with his employment information. Should the process continue dispite not knowing where the former tenant lives? If so what are the next steps.
Thank you for your help.
1 Answer from Attorneys
Generally, garnishment of wages is not permitted in PA, except in cases of child support, unpaid taxes, and several other narrow exceptions. Generally, if you have a money judgment against the tenant, there are methods of finding out where the tenant now lives.
Once you do this, you should take the judgment to the local District Justice Office near where the tenant lives, and request that a Writ of Execution be issued. Once this is done, the District Justice would direct the sheriff or constable to levy against the personal property of the tenant. He would actually go to his/her residence, take an inventory of the tenant's belonging, and list them for auction in a Sheriff's Sale. If he lives in Philadelphia, you should go to Municipal Court to get the Writ.
If the tenenat lives in NJ, garnishment of his wages is legal.
Under any circumstances, you should consult an attorney familiar with landlord/tenant law to receive an explanation of your options.