Legal Question in Credit and Debt Law in Pennsylvania

how to renew a judgment on a tenant that is going to expire


Asked on 1/04/16, 4:57 pm

1 Answer from Attorneys

You are going to need a collection lawyer. Judgments in theory last forever. They never go away. However, for execution purposes, they are good as a lien for 5 years on real property. They are good for 20 years on personal property. The judgment will stay on a credit report for 7 years from the date of entry. If this is for back rent, you can get wage garnishment as well.

In answer to your question, see the Pennsylvania Rules of Civil Procedure, 231 Pa. Code, Rule 3025 et seq. The rule says that the lien is revived by filing a praecipe (Latin word - fancy term for filing a paper commanding/directing the clerk (called the prothonotary in civil court) to take a specific action, i.e., revive the judgment. A writ is then issued and is served on the defendant.

I would just see a collection attorney who practices in the county where the judgment was entered and ask not only about reviving the judgment but garnishing the tenant's wages.

---------

Rule 3025. Commencement of proceedings. Venue.

A proceeding to revive which continues or creates the lien of a judgment may be commenced by filing with the prothonotary of the county in which the judgment has been entered

(1) a praecipe for a writ of revival substantially the form provided by Rule 3032, or

(2) an agreement to revive substantially the form provided by Rule 3034.

Read more
Answered on 1/05/16, 8:18 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Pennsylvania