Difference between revisions of "Civil Money Judgments in Pennsylvania"
From WFG Wiki
(Providing an overview of the attachment and duration of civil money judgment liens in Pennsylvania) |
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| − | + | === 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> | ||
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| + | *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> | ||
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| + | *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). | ||
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| + | *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> | ||
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| + | === 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> | ||
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| + | === 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 | ||
Revision as of 07:59, 26 October 2021
Court of Common Pleas
- Attachment: Date of entry in judgment index[1]
- Duration: 5 years, can be revived for successive periods.[2]
- Revival: Yes.[3] Must be revived within 5 years to maintain priority of date of entry.[4] 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.[5]
Philadelphia's Municipal Court
Same as Court of Common Pleas judgments.[6]
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.[7]
- 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
