Civil Money Judgments in Pennsylvania
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Revision as of 14:20, 10 November 2021 by Josephdebarberie (talk | contribs) (→Court of Common Pleas)
Court of Common Pleas
- Attachment: Date of entry in judgment index[1]
- Duration: 5 years, can be revived for successive periods.[2]. 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).[3]
- Revival: Yes.[4] Must be revived within 5 years to maintain priority of date of entry.[5] 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 lien attaches to all property (including new property) owned at time of revival.[6] 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
Same as Court of Common Pleas judgments.[7]
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.[8]
- 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
- ↑ See 42 Pa.C.S. § 4303(a); Pa. R.C.P. No. 3023(a),(b)
- ↑ See Pa. R.C.P. No. 3023(c)
- ↑ See 20 Pa.C.S. 3382
- ↑ See Pa. R.C.P. Nos. 3025-3031.1
- ↑ See 42 Pa.C.S. § 5526(1)
- ↑ See Pa. R.C.P. Nos. 3027(b), 3031.1(a)
- ↑ See 42 Pa.C.S. § 1124
- ↑ See 42 Pa.C.S. § 1516
