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mominPA · Apr 19, 2008, 02:47 PM

In PA... District court issued a judgment against me for $458.45 on 10/11/07. It was issued as "Defendant to pay to the Plaintiff $40.00/month till paid. First payment due on 11/12/07." So I paid $40.00 on 11/12, and have paid $40.00 every month since, no exceptions. To date I have paid her $240.00.

The Plaintiff has written me a letter threatening a Writ of Execution stating that my payments have been "tardy". (She hasn't received each one by the 12th of the month.) She's demanding full payment of the balance. Does she have any chance of getting a Writ of Execution? What are my rights here?

Thanks!

Fr_Chuck · Apr 19, 2008, 02:50 PM

You should be OK, I would start sending future payments a few days sooner.

progunr · Apr 19, 2008, 02:54 PM

I would guess that your payment arrangement is just that, an arrangement between you and her, without actually being ordered by the court?

I say this because it sounds like you are paying these payments directly to her and not through the court. I would have set this up for the payments to go through the court so that they would have record of payments, dates, and amounts.

Without the court being involved in this, she could actually file a levy, an execution, or even a garnishment based on the open judgment.

If my guess on this is correct, were I you, I would make sure that these payments were in her hand by the date indicated just to avoid any of the other possible actions she could take.

mominPA · Apr 19, 2008, 02:55 PM

Originally Posted by Fr_Chuck

You should be ok, I would start sending future payments a few days sooner.

She's threatening to get the Writ of Execution if I don't pay the full balance by May 2. Is this possible? The court order doesn't say the payment must be received by the 12th of each month. I haven't missed any payments.

Fr_Chuck · Apr 19, 2008, 03:04 PM

Normally if you have them post marked by the 12th is all that is requried in most courts in the US. Unless it states they have to receive them by that date.

But they have the right if they believe you are wrong to go back to court against you. But I believe if you take your payment reciets with you, and prove you have made each payment each month you should be OK,
But at this point that is all you can do, just wait and see what he does.

mominPA · Apr 19, 2008, 03:14 PM

Originally Posted by Fr_Chuck

normally if you have them post marked by the 12th is all that is requried in most courts in the US. Unless it states they have to recieve them by that date.

But they have the right if they beleive you are wrong to go back to court against you. But I believe if you take your payment reciets with you, and prove you have made each payment each month you should be ok,
But at this point that is all you can do, just wait and see what he does.

She has copies of each postmark, not all have been mailed by the 12th. The order doesn't specifically say each month on the 12th, just the first payment due on 11/12. Did I misinterpret... should every check have reached her by the 12th of the month? This is so freakin' aggravating, it's not like I'm skipping out on my (bogus) judgment, I just want to put it behind me but I can't afford to do the remaining $200 plus all at once right now.

Fr_Chuck · Apr 19, 2008, 03:16 PM

Yes, I would have "assumed" from the court order that each months payment should have actually been received by the 12th, and going one step further depending on the state that many are OK as long as the post mark is by the due date.

It sounds like you were late according to my guess also ( and it is just that) so they can take you back to court but if you have been paying, and agree to pay more timely most likely the judge will be OK and not demand it all be paid ahead.

progunr · Apr 19, 2008, 03:21 PM

If your payments are not going through the court, they have no idea that you have paid anything.

There would be nothing to stop her from filing a garnishment right now for the balance on this judgment.

The first you would hear about it, would probably be when you get your check, and there is money missing off it.

The only way she would be in any trouble is if she were to levy or try to garnish for more than the actual amount still due when she files it.

She sounds like she is trying to bluff you into giving her the balance now, I would bet that unless she files something before, if she gets the next payment before the 12th of May, she most likely won't do anything.

mominPA · Apr 19, 2008, 03:28 PM

So I basically can't do anything. *sigh* She's not a bluffer, believe me. If she doesn't have the balance on May 2, I am certain she will file something on May 3.

Maybe I'll just come up with the 200 bucks, consider myself screwed every which way, and just walk away from this particular individual.