Difference between revisions of "Civil Money Judgments in Pennsylvania"
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*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> | *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). | *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 === | === Philadelphia's Municipal Court === | ||
Revision as of 15:20, 10 November 2021
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
