Judgement enforcement

Beth465

New Member
Jurisdiction
Pennsylvania
I had a guy not pay me. It was a small amount, no contract, he drug on sending a check by text. I filed through local court and won. I went down to file on him to get the sheriff to do a personal levy and days later get a phone call he filed it to a higher court at the last minute. So he paid basically a third of my invoice to file and fight it. I then hire a lawyer. And this is dumb at this point on my part but I'm in it and angry. I win the judgement then covid hits and the dude does something where he can't get mail so it was never even delivered to his mailbox. He still lives there. I look him up, he's no stranger to court, he owes a lot of money in back taxes, he's been in court for weird stuff (hit and runs, police stuff) then to top it off my lawyer is asking for more money which may or may have not been outlined clearly in the beginning. I was under the impression if it went into a courtroom I'd pay more, not pay more for what the lawyer is asking now. So I'd have to go to the courthouse and file paperwork to get a sheriff for the personal property. Is this hard? At a local level it was easy but I'm not at the level now. Can anyone help me please...
 
I used to own rental properties so I understand the frustration and anger when somebody screws you out of money that you never collect.

my lawyer is asking for more money which may or may have not been outlined clearly in the beginning. I was under the impression if it went into a courtroom I'd pay more, not pay more for what the lawyer is asking now.

I'm guessing you didn't get a written fee agreement. I wouldn't expect any lawyer to work on contingency for $1000 debt. You may have misunderstood what a retainer is. A lawyer collects a retainer up front and applies it to his hourly rate. When it's used up he gets more money or he stops working.

So I'd have to go to the courthouse and file paperwork to get a sheriff for the personal property. Is this hard?

Yes, it is. PA exempts a certain amount of personal property from judgment. You'll have to figure out where his personal property is, and what items are exempt. Then you have to pay a fee to the sheriff to get the property. You'll have to arrange for storage of the property until you can put it up for sale. I don't know the requirement for PA but that's general information. Storage will cost you.

You don't get your lawyer fee's back. Even if you end up recovering your $1000 plus court costs you may still be in the hole.

Oh, one more thing. PA happens to be one of the 3 states in the US that don't allow wage garnishment. Though, if you can find his bank account, you can levy it.
 
I used to own rental properties so I understand the frustration and anger when somebody screws you out of money that you never collect.



I'm guessing you didn't get a written fee agreement. I wouldn't expect any lawyer to work on contingency for $1000 debt. You may have misunderstood what a retainer is. A lawyer collects a retainer up front and applies it to his hourly rate. When it's used up he gets more money or he stops working.

No he was clear what his rates were he just changed his mind. It wasn't a retainer. I know what that is. He wanted a flat rate, he stated it was a flat rate and said if it went to court he'd want $500 more. I should have gotten that in writing though. That's my fault.

Yes, it is. PA exempts a certain amount of personal property from judgment. You'll have to figure out where his personal property is, and what items are exempt. Then you have to pay a fee to the sheriff to get the property. You'll have to arrange for storage of the property until you can put it up for sale. I don't know the requirement for PA but that's general information. Storage will cost you.

You don't get your lawyer fee's back. Even if you end up recovering your $1000 plus court costs you may still be in the hole.

Oh, one more thing. PA happens to be one of the 3 states in the US that don't allow wage garnishment. Though, if you can find his bank account, you can levy it.

I did a personal levy before but it was a municipality level and it was really easy. I'm assuming this is a lot harder because it's not small claims court anymore? How could I find his bank account? Would it be easier to file a lien? Thanks for answering these questions, I appreciate it!
 
I did a personal levy before but it was a municipality level and it was really easy. I'm assuming this is a lot harder because it's not small claims court anymore?

Probably a different level of paperwork and procedure. I don't know anything about it.

How could I find his bank account?

Not easy. You could summon him to a debtor's examination where he would have to reveal it under oath. Though he'd probably close it before you could get to it.

Would it be easier to file a lien?

See the following about PA judgment liens:

https://www.avvo.com/legal-guides/ugc/extent-of-lien-of-judgment-in-pennsylvania

Might not do you any good if he doesn't currently own any real estate. Nor would it get you any money any time soon if he did.

You might also have to wait until his appeal or motion is resolved before you can do anything else.

Did you get your judgment by default because he ignored the lawsuit?
 
He owns a house. Yes- so he brought it a higher court and appealed. I got the lawyer. He lost by not doing anything so I got the judgement. Only odd part was he got sent a notice in the mail but it bounced back even though he lives there. I don't know if that matters. So moving forward I'd be paying a lawyer the sheriff fees plus lawyer fees and I'm assuming the guy can still appeal this.
 
Back
Top