Legal Question in Civil Litigation in Pennsylvania

Primary Lienholder in Pennsylvania

I have a promissory note for a personal loan. I am holding the title to a 1997 Dodge Ram as collateral. All is stated within the note. The person that owes me is now being sheriff saled with the Ram on the list of items to be sold. I filed an objection to property being levied with the DJ. Am I the primary lienholder? Can they sell this Ram even though I have it as collateral for my loan? I am taking in the Promisory Note along with all the payments that have been made to me as he is in good standing. These local DJ's are highly political and would love to take in either statutes or case law proving my interest in the truck is first and will have it removed from the list. Hearing is this Thursday. For your information, the judgement amount is $314.00, so as you can also see, my loan is way more than this jerks judgement, which is also a vendetta, none of which matters legally, I know that.

Please help.I have to have this truck removed from the list. The clock is ticking.


Asked on 11/06/07, 11:52 am

1 Answer from Attorneys

John Gibson John W. Gibson, Esquire

Re: Primary Lienholder in Pennsylvania

I believe that I spoke with you yesterday but I wanted to post the answer because I think it may help other people in the future. In order to perfect a security interest you have to file a financing statement under the Uniform Commercial Code in most situations. It is simple and inexpensive to file one and filing is required for all motor vehicles that have to be registered.

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Answered on 11/07/07, 12:19 pm


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