Legal Question in Civil Litigation in Pennsylvania

i won a judgement in Feb 2011 at local magistrate against ex for loan to repair truck-i have not rec'd anything what do i do


Asked on 6/13/11, 5:39 pm

1 Answer from Attorneys

Andrew Solomon Law Office of Andrew A. Solomon

You should go to the District Justice's Office who issued the judgment and request his staff to issue a Writ of Execution. The local constable or sheriff will then go to your ex's home, serve him with a Writ and take an Inventory of his belongings. These belongings will then beseized by the constable/sheriff and put up for sheriff's sale approximately 30 days after the Writ is served on your Ex. Depending on what these items sell for you will then be paid the amount of your judgment as well as all the costs you have paid the court.

The question is 1) do you know your ex's present location and is he still in PA. If the answer to both of these questions is yes, you should have no problem. If he has moved out of state things become much more complicated as the judgment will have to be transferred to the state where he currently resides, and you would probably have to retain counsel in that state. Hopefully, he is still in PA and that makes matters much simpler for your.

In my experience, once he is served with the Writ and the constable/sheriff takes an inventory of his belongings, he will probably pay you. Obviously it depends on the amount of your judgment and the value of his belongings. Once he is served with the Writ,he cannot sell or remove these items from his home because if he does, he can go to jail.

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Answered on 6/13/11, 5:52 pm


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