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I have in my possession a Certified Judgement received from a Civil Case that I won. This was completed at the District Courthouse in Newtown Square, Delaware Cty, PA. I went to Media Courthouse today to file the Judgement against the Defendants credit since I was told she is Judgement Proof. I wanted to garnish her wages but PA Law states that you can't do this unless its for taxes or child support. The clerk told me you can garnish wages if its a landlord/tenant case. This case was filed in Civil Court and it is a Landlord tenant case. My question is two fold; 1) Can I reopen this case and refile as a landlord/tenant case, 2) Why can you garnish wages with landlord/tenant if PA states you can only garnish for taxes and child support. I need legal help and I can't find anyone all day today
Optional Information: State/Country of Question: Pennsylvania Already Tried: Filed in complaint in Delaware County Went to court and received judgement for the plaintiff (me) on 6/15/09 Judgement was entered in the amount of $3k The defendant had the right to appeal by 7/15 and did nothing I received the Certified Judgement 8/3/09 I would like to collect this money and realize that no one promised me a Rose Garden but the defendant works for a prior client of mine. She has wages, no bank acct, she drives the clients car and she rents a house. She has a 10 yr son. She was living at my house and owes me back rent for 3 mos plus various other monies. Can I refile for Landlord/Tenant issue? If not what can I do next. I really need this money especially NOW since my main drain on my sewer line imploded the other day inside my house and its not covered by Home Owners Insurance (Yes- when it rains it pours ) Thank you so much
Hello,
Under Pennsylvania law an employee's wages, salaries and commissions may be taken from an employer through appropriate legal procedures to satisfy five kinds of debts:
A judgment shall be enforced by a writ of execution. Upon issuance of the writ the prothonotary shall transmit it directly to the sheriff to whom it is directed or upon plaintiff's request deliver it to the plaintiff or his representative for transmittal. Pa. R. Civil. P. 3103. Service of the writ shall be made by the sheriff in the case of tangible personal property, by levy thereon or, if the property is in possession of a third person who prevents a levy or fails to make property of the defendant in his possession available to the sheriff for levy, by serving him as garnishee. Upon levy or attachment, the sheriff shall mail a copy of the writ to the execution defendant at his last known address. The plaintiff shall provide the sheriff with copies of the writ and envelopes for mailing properly stamped and addressed. The sheriff shall note in his return the mailing of the writ and the date thereon. Pa. R. Civil. P. 3108.
The writ shall be served by the sheriff upon the garnishee in the manner prescribed by Rule 402(a). The sheriff shall furnish the garnishee with an additional copy of the writ for each defendant. Service of the writ upon the garnishee shall attach all property of the defendant which may be attached under the Rules of Civil Procedure which is in the possession of the garnishee. It shall also attach all property of the defendant which comes into the garnishee's possession thereafter until judgment against him even though no such property of the defendant was in his possession at the time of service. Service of the writ shall also subject him to the mandate and injunctive orders of the writ restraining him from paying any debt to or for the account of the defendant and from delivering any property to the defendant which may be attached under the Rules of Civil Procedure to anyone except the sheriff or otherwise disposing thereof until further order of the court or discontinuance or termination of the attachment. Pa. R. Civil. P. 3111.
So the long and short of it is you can garnish on your judgment if it is based on recovery of back rent. You just need to get a writ of execution as provided under Rule 3252. Writ of execution; money judgments
Thanks.
Matt
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Experience: 12 yrs practice, Realtor, Landlord 20+ yrs
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