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  #1  
Old 05-29-2008, 06:01 PM
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Lein On Personal Property?


What is the name of your state? PA

I have old judgments from 10 years ago in PA. Can my the holder of the judgments put a lien on my personal property if the judgment has not been reissued after 5 years? Somebody told me that if a judgment is not paid within 5 years in PA then it goes away. What is the law on this?

THANK YOU!!!!!!
  #2  
Old 05-29-2008, 06:07 PM
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If all you have is personal property, I wouldn't worry too much.

Now if you had real property, then I'd worry.

[url]http://www.pacode.com/secure/data/231/chapter3000/s3023.html[/url]
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  #3  
Old 05-29-2008, 06:44 PM
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I don't own any real estate anymore but I do have several classic cars that are worth a substantial amount of money. I received them by an inheritance. Does that make a difference? What did you mean that I should not worry? Is that because my cars cannot be taken and sold after 5 years?

THANK YOU AGAIN!!!!!
  #4  
Old 05-29-2008, 08:03 PM
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Are you 100% certain that the judgment(s) have NOT been renewed ? Have you checked at the courthouse to find out ??

If a judgment is not renewed within the specified period of time, then it dies and cannot be revived.
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  #5  
Old 05-29-2008, 09:03 PM
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Yes, the judgment creditor can put a lien on your cars. The 5 year limitation pertains to real property, not personal property. The judgment creditor has 20 years to execute against personal property.
  #6  
Old 05-30-2008, 10:26 AM
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Ladynred - Yes I am 100% sure that the judgments have not been reissued. Per the clerk there has been no activity at all in 10 years.

CameronNewport - Can you tell me which law states that my personal property can be taken for 20 years after the judgment? I'm not sure what to believe at this point.
  #7  
Old 05-30-2008, 07:52 PM
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Quote:
Any money judgment may be enforced by writ of execution against the personal property of a judgment debtor within 20 years after the entry of the judgment (42 Pa.C.S. § 5529.) and may become a lien on the real property of a judgment debtor in any county upon the entry into the record of the office of the Clerk of the Court of Common Pleas in the county where the property is situated. (42 Pa.C.S. § 4303.) Such lien is enforceable for a period of five (5) years and may be revived prior to its expiration. (42 Pa.C.S. § 5526(1).)
You DO have exemptions from judgment though:
[url]http://www.lawdog.com/states/pa/sta3.htm[/url]

Sorry, PA statutes are a pain. If you'd like to consult with a PA lawyer, try www. pennlawyer.com - he's very good - consumer protection/bankruptcy guy.
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"Knowledge is Power - use it as you see fit !

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  #8  
Old 05-30-2008, 10:46 PM
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Question?


If you have several antique vehicles why not pay what you owe this person? You owe the money, pay it.
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