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    Mehdish1's Avatar
    Mehdish1 Posts: 2, Reputation: 1
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    #1

    Nov 10, 2015, 07:05 AM
    Who should Prepare the Writ and Notice of Execution?
    I have been granted a judgment, close to $1,000, against a business entity in PA. The judge certified the judgement and I entered it with the Monroe County court which the defendant received a notice of entry of judgment from the county.

    I know the defendant's bank account and bank information which I would like to proceed with garnishing the account. The next step is to write a Praecipe to instruct the sheriff for garnishing the defendant bank account. I know how to do that. Then, the Writ of Execution comes to the picture. My question is:
    Who prepares the Writ and notice of Execution? Should it be prepared by plaintiff (me) to submit it to the sheriff? Or, Sherrif with prepare the Writ and Notice of Execution upon receiving my Praecipe to deliver it to the defendant.

    Please advise
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Nov 10, 2015, 07:20 AM
    Did you get a order for the garnishment when you won your judgement?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Nov 10, 2015, 10:41 AM
    Who prepares what varies from state to state, and from place to place within a state.

    I would guess that you are to prepare them, for signature by the clerk of court (or apparently by a judge in some places). But I suggest that you ask the clerk how it is supposed to be done in your locality.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Nov 10, 2015, 11:12 AM
    The writ of execution is signed off by the court. But generally they just sign a form prepared by the judgment holder.
    Mehdish1's Avatar
    Mehdish1 Posts: 2, Reputation: 1
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    #5

    Nov 10, 2015, 11:32 AM
    Quote Originally Posted by Fr_Chuck View Post
    Did you get a order for the garnishment when you won your judgement?
    No, I didn't
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