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I was won a civil tenant/landlord case in the amount of

I was won a...

I was won a civil tenant/landlord case in the amount of $2500. I am going to take a judgement out against the tenant since 30 days have passed. If the tenant agrees to a payment plan after the judgment, can I leave the judgment in place until he fulfills his obligation?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Hamberg, pa.

Lawyer's Assistant: Has anything been filed or reported?

Not yet. Also, if he defaults can I give it to the sheriff for inforcement?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes. If he does default and I cannot give it to the sheriff, what is my alternative?

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Answered in 6 minutes by:
9/10/2017
socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39,899
Experience: Retired
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Hello,

If by, "leave the judgment in place," you mean that you want to use the judgment as your fallback position in case that the debtor fails to make payments according to the plan, then the answer is, "yes," you may do that.

A judgment remains enforceable as a court order, and is not subject to being terminated or set aside, except upon further orders of the court. The judgment debtor's only recourse is to satisfy the judgment. This can be accomplished either in full or in part, based upon the judgment creditor's agreement to sign a "satisfaction of judgment" to be filed with the court. The satisfaction can be based upon an entirely different agreement, under which the judgment creditor agrees to sign the satisfaction in consideration of the judgment debtor performing some agreed upon payment plan. Even if the plan is an agreement to pay an amount less than the entire judgment award, if the judgment creditor signs that full satisfaction has been received, then that can be filed with the court, and it would operate to satisfy the judgment and relieve the judgment creditor from further obligation.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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Customer reply replied 8 months ago
Thank you, ***** ***** very helpful. But if the debtor defaults then on the strength of the judgment and the default can I take it to the sheriff for enforcement?

As long as your payment plan agreement states that the parties agree that the judgment shall remain enforceable until satisfied in accordance with the payment plan, your judgment will remain enforceable.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

Thanks again for using Justanswer!

socrateaser
socrateaser, Lawyer
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Experience: Retired
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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