Legal Question in Legal Ethics in Pennsylvania

If a judge awarded a final judgment of $175 to be paid to a Plaintiff and the Plaintiff�s attorney sent a letter to the Defendant asking for a lot more than the final judgment, or else he will not satisfy the judgment, can he do that? Or is it legal?


Asked on 10/16/13, 4:45 am

1 Answer from Attorneys

If there is a final judgment for $175 and this sum has been paid then the plaintiff has a duty to mark the judgment satisfied. If the plaintiff does not mark the judgment as satisfied in 30-60 days, then you have to demand in writing that it be done as per the below statute. If the plaintiff still fails to comply then you can sue for damages and direct that it be done.

While there are certainly unethical attorneys out there, I have a hard time believing that an attorney, knowing that this statute is there, is demanding that you pay more than the judgment. Either the attorney is ignorant of the law (in which case you need to cite the statute in your letter) or the attorney is lying. Or else you are not relating all the facts.

42 Pa.C.S.A. � 8104. Duty of judgment creditor to enter satisfaction

(a) General rule.--A judgment creditor who has received satisfaction of any judgment in any tribunal of this Commonwealth shall, at the written request of the judgment debtor, or of anyone interested therein, and tender of the fee for entry of satisfaction, enter satisfaction in the office of the clerk of the court where such judgment is outstanding, which satisfaction shall forever discharge the judgment.

(b) Liquidated damages.--A judgment creditor who shall willfully or unreasonably fail without good cause or refuse for more than 90 days after written notice in the manner prescribed by general rules to comply with a request pursuant to subsection (a) shall pay to the judgment debtor as liquidated damages 1% of the original amount of the judgment for each month of delinquency beyond such 90 days, but not less than $250 nor more than $2,500. Such liquidated damages shall be recoverable pursuant to general rules, by supplementary proceedings in the matter in which the judgment was entered.

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Answered on 10/21/13, 10:01 pm


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