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-   -   Judgment Questions (https://www.askmehelpdesk.com/showthread.php?t=562509)

  • Mar 15, 2011, 01:53 PM
    elizabethann55
    Judgment Questions
    A judgment went against me by default. I am currently working on having it reopened and answer the original petition, etc. but still do not feel confident I will be able to fight the judgment entirely. It is for an exorbitant amount of attorney's fees incurred while going through divorce proceedings.

    Questions:

    1. I live in Pennsylvania. The judgment is filed in Pennsylvania (Philadelphia County). I work from home in Pennsylvania. However, the company I work for is from Maryland, as is the Payroll. Pennsylvania does not allow for wage attachment. Maryland does. Am I at risk for wage attachment on this judgment?

    2. I have never had a judgment against me in my life. I'm reading things about how a Sheriff came come out and start taking the personal property out of my home? Is this true?

    3. Is there anything I can do to prevent my bank account from being seized/frozen after judgment? I don't know if this is allowed in PA or not. About the only thing I could find for certain is they can put a lien against any property owned.

    Anything that can be contributed to my questions /situation is greatly appreciated.
  • Mar 15, 2011, 04:04 PM
    ScottGem

    1. If the judgment is issued by a PA court then PA law covers. So the PA court will not issue a wage garnishment order.

    2. While it is possible for the plaintiff to seize any assets, it's unlikely. The value and cost of personal property is generally too little for them to bother with. Now if you have jewelry or artwork that might cover the award, they may come after that.

    3. While wage garnishment may not be allowed attachment of assets is. Bank accounts are fair game. That will be the first things they go after. And while a lien is certainly possible that's also unlikely. They want their money now, not when you sell your home.

    If you lose, the best thing you can do is try to settle. Especially if you can offer a lump sum you may be able to settle for 50-75% of the award.
  • Mar 15, 2011, 06:12 PM
    Fr_Chuck

    Yes, court and attorney fees are normal, and it is not uncommon for the final amount to be twice the first cost.

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