[pa order of execution

[pac72]

What is the name of your state (only U.S. law)? pa.

when filing order of execution do I have to list items to be levied or does sheriff/constable? current judgement is aprox $950 , and will be over $1k after filing, I want to levy debtors vehicle, must I list a vin or is description of ford 4x4 pick up sufficient ?

judgement was default at magistrate, defendant was no show after 30 day postponement fwiw,

 

[pac72]

from my research, am I correct that the items to be levied are picked by sheriff/constable serving the order ?

 

[ecmst12]

Unlikely you will get the truck, PA allows a vehicle exemption for up to $2775. Enforcing a judgment in this state is a losing proposition.

 

[pac72]

but actually have the judgement against a couple, unmarried , they both have vehicles, nice new dirtbikes for kids also. but his truck is paid off, prob worth $5-6 k

 

[ecmst12]

Might be able to put a lein on it. Probably won't be able to force a sale. And the lein , they just have to keep the truck until it's worth less than the exemption.

 

[pac72]

could you cite the vehicle exemption? from my research they are allowed a $300 exemption, no mention of vehicle

 

[pac72]

heres what ive found, and the judgement is for unpaid wages,punitive damages,and interest fwiw.


(2) The law provides that certain property cannot be taken on this order of execution. Your real estate cannot be taken on this execution, nor can perishable personal property or personal property which is intangible such as your bank accounts. There are some other types of property which are exempt from execution under State and Federal Law, such as wearing apparel, bibles, school books, sewing machines, military uniforms and equipment, most wages and unemployment compensation, social security benefits, certain retirement funds and accounts, certain veteran and armed forces benefits, certain insurance proceeds and such other exemptions as may be provided by law.

(3) In addition, there is a general monetary exemption of $300. However, this exemption may be reduced or extinguished by the value of property you own which could be taken on a writ of execution issued by a court of common pleas but which cannot be taken on this order of execution which is issued by a magisterial district judge. For example, the $300 exemption may be reduced or extinguished by the value of your equity in real estate or by money you have in a bank account, except money in your bank account which is itself generally exempt from execution, such as social security payments. Also, the $300 exemption does not apply to a judgment for support, a judgment against a debtor who is not an individual, a judgment obtained for board for four weeks or less or a judgment for $100 or less obtained for wages for manual labor.

 

[ecmst12]

Ok I found this site http://wiki.answers.com/Q/What_property_is_exempt_from_a_judgment_creditor_in_Pennsylvania?classic=true but I can't find anything else backing it up and in fact several other sources state there is NO vehicle exemption, so sorry about that. Googlers beware.

 

[pac72]

so my research so far is correct, but im in holding pattern , as the civil action was brought on by the dept of labor on my behalf , I have to wait till 30 days have elapsed in case he files appeal , then the dol has the decision to drop the case , or start criminal charges next .

if they elect to not move forward , im then proceding civilly . its in the hands of the dept of labors legal department for now.

 

[ecmst12]

If you made the claim with the DOL, then the DOL will collect for you.

 

[pac72]

If you made the claim with the DOL, then the DOL will collect for you.

hopefully they do . its honestly been a battle to have them enforce the laws.. been 25 months so far...