This is a Court of Common Pleas Case, not Magistrate. Pennsylvania, Blair County
I won a judgment against the defendant. We filed a WRIT to Execute the judgment and Praecipe. The sharrif is placing a levy on personal property and they placed a levy on the defendants bank account yesterday. They still have to go to the defendants house. Today we received a letter from the defendants attorney indicating he is going to try to Strike the judgment. During this entire time the defendants attorney has done nothing. I will show in the following list what he has done.
1. We filed Praecipe for Writ of Summons on 09/20/2012
2. 09/21/2012 WRIT of Summons issued and sent to Sheriff for service
3. Sheriff's return on 09/27/2012. Defendant serviced.
4. 01/15/2013 Praecipe for entry of appearance on behalf of defendants attorney filed.
5. 01/15/2013 Praecipe for rule to file complaint filed by defendants attorney (we did not file complaint yet)
6. 2/11/2013 We filed complaint for Breach of Contract
detrimental reliance and unjest enrichment with Certificate of service.
7. 07/17/2013 Order of Court/Default judgment notice, it has been more than 30 days since complaint was served, an answer has not been filed, and the plaintif has failed to file praecipe for default judgment, case will be dismissed within 30days. (This was a court document)
8. 08/01/2013 Affidavit of service filed by plaintiff
9. 08/09/2013 Praecipe for default judgment for failure to answer filed by plaintiff
10. 08-09-2013 Notice of Entry of judgment
sent to defendant
11. 08/21/2013 Notice of entry of judgment sent to defendant
12. 08/23/2013 Praecipe for Writ of execution
and Writ of execution filed by defendant and sent to Sharrifs office.
13. Called Sharrifs office 08/30/2013, Levy was placed on bank account. Levy was not placed on property yet. (personal)
Now, my question is. The defendant's attorney (as you can see from above) has done NOTHING! Never answered the complaint and also we sent interrogatories which I did not mention above and they were never answered either. Now, the defendants attorney sent a letter to us indicating he is going to try to Strike the Judgment. Can they do this? Does the REQUEST to strike stop the Levy or does the court have to strike the judgement first? How long does it take for the defendant to get an answer from the Court on whether they can strike the judgment? And finally if the bank levy continues, how long does it take for the bank to release the funds and who do they release them to?