Civil Money Judgments in Pennsylvania - Revision history

Josephdebarberie: /* Execution Sheriff's Sales */

2022-01-28T19:40:17Z

‎Execution Sheriff's Sales

Josephdebarberie at 19:34, 28 January 2022

2022-01-28T19:34:47Z

Show changes

Josephdebarberie: /* Court of Common Pleas */

2021-11-10T22:20:45Z

‎Court of Common Pleas

Josephdebarberie at 15:01, 26 October 2021

2021-10-26T15:01:49Z

Josephdebarberie at 15:00, 26 October 2021

2021-10-26T15:00:38Z

Josephdebarberie at 14:59, 26 October 2021

2021-10-26T14:59:44Z

Josephdebarberie: Providing an overview of the attachment and duration of civil money judgment liens in Pennsylvania

2021-10-26T14:29:10Z

Providing an overview of the attachment and duration of civil money judgment liens in Pennsylvania

New page

State Court Judgment Liens -- Money judgments = 5 years; Can be revived for successive periods. Do not attach to after acquired property, but revived attach to property owned at that time.

← Older revision		Revision as of 19:40, 28 January 2022
Line 162:		Line 162:
	<br>		<br>
	* Property vacant or any ejectment actions successfully completed		* Property vacant or any ejectment actions successfully completed
		+
		+	===Bankruptcy===
		+	Note: Due to the provisions of the automatic stay, any bankruptcy filing will stay the action whether or not notice is received by the Plaintiff, their attorney, or the Sheriff's Office. A bankruptcy filing made 10 minutes before a Sheriff's Sale starts would invalidate that sale. In such a scenario, the Sheriff's Sale should be set aside and any Sheriff's Deed stricken before a resale is held. Likewise, a bankruptcy filed after the Sale was held, but before the Sheriff's Deed was recorded would stay the recording. The recording of the Sheriff's Deed is the final act of the Sheriff's sale process.
		+	* If bankruptcies filed during foreclosure, for each bankruptcy, either stay was lifted or BK was dismissed before FC continued.

@@ Line 2: / Line 2: @@
 *Attachment: Date of entry in judgment index<ref>''See'' [https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=42&div=0&chpt=43&sctn=3&subsctn=0 42 Pa.C.S. § 4303(a)]; [https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/231/chapter3000/chap3000toc.html&d=reduce#3023. Pa. R.C.P. No. 3023(a),(b)]</ref>
-*Duration: 5 years, can be revived for successive periods.<ref>''See'' [https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/231/chapter3000/chap3000toc.html&d=reduce#3023. Pa. R.C.P. No. 3023(c)]</ref>
+*Duration: 5 years, can be revived for successive periods.<ref>''See'' [https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/231/chapter3000/chap3000toc.html&d=reduce#3023. Pa. R.C.P. No. 3023(c)]</ref>. Up to 6 years if debtor died while lien was active (i.e. ''later'' of (a) normal 5 year period, or (b) 1 year after death).<ref>''See'' [https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20&div=0&chpt=33&sctn=82&subsctn=0 20 Pa.C.S. 3382]</ref>
 *Revival: Yes.<ref>''See'' [https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/231/chapter3000/subchapBtoc.html&d=reduce Pa. R.C.P. Nos. 3025-3031.1]</ref> Must be revived within 5 years to maintain priority of date of entry.<ref>''See'' [https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=42&div=0&chpt=55&sctn=26&subsctn=0 42 Pa.C.S. § 5526(1)]</ref> Can be revived after 5 years, but will only have priority from date of revival (i.e. any liens entered after judgment and before revival would now become senior).
-*Attaches to After Acquired Property: No. However, revived judgment attaches to all property (including new property) owned at time of revival.<ref>''See'' Pa. R.C.P. Nos. [https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/231/chapter3000/s3027.html&d=reduce 3027(b)], [https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/231/chapter3000/s3031.1.html&d=reduce 3031.1(a)]</ref>
+*Attaches to After Acquired Property: No. However, revived judgment lien attaches to all property (including new property) owned at time of revival.<ref>''See'' Pa. R.C.P. Nos. [https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/231/chapter3000/s3027.html&d=reduce 3027(b)], [https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/231/chapter3000/s3031.1.html&d=reduce 3031.1(a)]</ref> Likewise, a revival can re-attach a judgment to property that was previously released if the debtor continued to own the property at time of revival; a new release would be needed.
 === Philadelphia's Municipal Court ===

@@ Line 2: / Line 2: @@
 *Attachment: Date of entry in judgment index<ref>''See'' [https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=42&div=0&chpt=43&sctn=3&subsctn=0 42 Pa.C.S. § 4303(a)]; [https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/231/chapter3000/chap3000toc.html&d=reduce#3023. Pa. R.C.P. No. 3023(a),(b)]</ref>
-*Duration: 5 years, can be revived for successive periods.<ref>[https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/231/chapter3000/chap3000toc.html&d=reduce#3023. See Pa. R.C.P. No. 3023(c)]</ref>
+*Duration: 5 years, can be revived for successive periods.<ref>''See'' [https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/231/chapter3000/chap3000toc.html&d=reduce#3023. Pa. R.C.P. No. 3023(c)]</ref>
 *Revival: Yes.<ref>''See'' [https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/231/chapter3000/subchapBtoc.html&d=reduce Pa. R.C.P. Nos. 3025-3031.1]</ref> Must be revived within 5 years to maintain priority of date of entry.<ref>''See'' [https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=42&div=0&chpt=55&sctn=26&subsctn=0 42 Pa.C.S. § 5526(1)]</ref> Can be revived after 5 years, but will only have priority from date of revival (i.e. any liens entered after judgment and before revival would now become senior).

← Older revision		Revision as of 15:00, 26 October 2021
Line 16:		Line 16:
	**Cannot file in Court of Common Pleas until after 30 days have passed from final Magisterial District Court judgment		**Cannot file in Court of Common Pleas until after 30 days have passed from final Magisterial District Court judgment
	**Magisterial District Judges cannot issue execution against real estate		**Magisterial District Judges cannot issue execution against real estate
		+	<br>
		+	<br>
		+	<br>

← Older revision		Revision as of 14:59, 26 October 2021
Line 1:		Line 1:
−	~~State~~ Court ~~Judgment Liens -- Money judgments~~ = 5 years~~; Can~~ be revived for successive periods. ~~Do not attach~~ to after ~~acquired property~~, but revived ~~attach~~ to property owned at ~~that~~ time.	+	=== Court of Common Pleas ===
		+	*Attachment: Date of entry in judgment index<ref>''See'' [https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=42&div=0&chpt=43&sctn=3&subsctn=0 42 Pa.C.S. § 4303(a)]; [https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/231/chapter3000/chap3000toc.html&d=reduce#3023. Pa. R.C.P. No. 3023(a),(b)]</ref>
		+
		+	*Duration: 5 years, can be revived for successive periods.<ref>[https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/231/chapter3000/chap3000toc.html&d=reduce#3023. See Pa. R.C.P. No. 3023(c)]</ref>
		+
		+	*Revival: Yes.<ref>''See'' [https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/231/chapter3000/subchapBtoc.html&d=reduce Pa. R.C.P. Nos. 3025-3031.1]</ref> Must be revived within 5 years to maintain priority of date of entry.<ref>''See'' [https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=42&div=0&chpt=55&sctn=26&subsctn=0 42 Pa.C.S. § 5526(1)]</ref> Can be revived after 5 years, but will only have priority from date of revival (i.e. any liens entered after judgment and before revival would now become senior).
		+
		+	*Attaches to After Acquired Property: No. However, revived judgment attaches to all property (including new property) owned at time of revival.<ref>''See'' Pa. R.C.P. Nos. [https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/231/chapter3000/s3027.html&d=reduce 3027(b)], [https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/231/chapter3000/s3031.1.html&d=reduce 3031.1(a)]</ref>
		+
		+	=== Philadelphia's Municipal Court ===
		+	Same as Court of Common Pleas judgments.<ref>''See'' [https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=42&div=0&chpt=11&sctn=24&subsctn=0 42 Pa.C.S. § 1124]</ref>
		+
		+	=== Magisterial District Courts ===
		+	*Attachment: Does not attach to real property until entered in the Court of Common Pleas. Once entered in the Court of Common Pleas, same rules apply.<ref>''See'' [https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=42&div=0&chpt=15&sctn=16&subsctn=0 42 Pa.C.S. § 1516]</ref><br>
		+	*Notes:
		+	**Cannot file in Court of Common Pleas until after 30 days have passed from final Magisterial District Court judgment
		+	**Magisterial District Judges cannot issue execution against real estate