ExpertLaw.com Forums

Garnishment of a Judgment for Damages to a Rental Property

Printable View

  • 09-30-2013, 04:56 PM
    wowinpa
    Garnishment of a Judgment for Damages to a Rental Property
    My question involves judgment recovery in the State of: PA

    Good evening I live in the state of PA. 4 years ago my family went thru a hard time and we were evicted from our house. We could not afford an attorney at the time and the landlord ended up suing for $8000.00. She claimed that there was property damages THIS WAS NOT TRUE AT ALL!! But, because we couldn't afford an attorney we lost.

    Now 4 years later we had paper work come from this MDC Recovery Company saying that he was going to attach my husbands wages. Which they did this week for almost $100.00.

    Is this legal in PA?
  • 09-30-2013, 06:07 PM
    Dogmatique
    Re: in Pa
    Your husband SERIOUSLY needs to contest this - wage garnishment in PA for regular creditors is NOT allowed.
  • 09-30-2013, 06:16 PM
    wowinpa
    Re: in Pa
    Quote:

    Quoting wowinpa
    View Post
    My question involves judgment recovery in the State of: PA

    Good evening I live in the state of PA. 4 years ago my family went thru a hard time and we were evicted from our house. We could not afford an attorney at the time and the landlord ended up suing for $8000.00 for back rent and She claimed that there was property damages THIS WAS NOT TRUE AT ALL!! But, because we couldn't afford an attorney we lost.

    Now 4 years later we had paper work come from this MDC Recovery Company saying that he was going to attach my husbands wages. Which they did this week for almost $100.00.

    Is this legal in PA?

    Thank you again
  • 09-30-2013, 07:31 PM
    Dogmatique
    Re: in Pa
    There is one caveat - if the creditor is actually out of state, PA can indeed enforce a judgment and garnish the wages.

    But for a PA-based creditor, wage attachments are a no-no unless it's for something along the lines of child support, alimony and government debts.
  • 09-30-2013, 08:45 PM
    jk
    Re: in Pa
    many caveats:





    Quote:

    (a) General rule and exceptions.--
    Quote:

    The wages, salaries and commissions of individuals shall while in the hands of the employer be exempt from any attachment, execution or other process except upon an action or proceeding:
    Quote:

    (1) Under 23 Pa.C.S. Pt. IV (relating to divorce).
    (2) For support.
    (3) For board for four weeks or less.
    (3.1) For amounts awarded to a judgment creditor-landlord arising out of a residential lease upon which the court has rendered judgment which is final. However, the amount subject to attachment shall have deducted from it any security deposit held by the judgment creditor-landlord and forfeited by the judgment debtor-tenant under section 511.1 of the act of April 6, 1951 (P.L.69, No.20), known as The Landlord and Tenant Act of 1951, unless the security deposit has been applied to payment of rent due on the same premises for which the judgment for attachment has been entered. The judgment creditor-landlord shall have the burden of proving that such security deposit has been applied to payment of rent due on the premises herein described. The sum attached shall be no more than 10% of the net wages per pay period of the judgment debtor-tenant or a sum not to place the debtor's net income below the poverty income guidelines as provided annually by the Federal Office of Management and Budget, whichever is less. For the purposes of this paragraph, "net wages" shall mean all wages paid less only the following items:


    Quote:

    (i) Federal, State and local income taxes.
    (ii) F.I.C.A. payments and nonvoluntary retirement payments.
    (iii) Union dues.
    (iv) Health insurance premiums.
    (3.2) In the case of wage attachment arising out of a residential lease, to implement the wage attachment, the judgment creditor-landlord shall comply with the Pennsylvania Rules of Civil Procedure and any applicable local rules. The judgment of the magisterial district judge, magistrate or any other court having jurisdiction over landlord and tenant matters or a judgment before the court of common pleas shall reflect that portion of the judgment which is for physical damages arising out of a residential lease.
  • 09-30-2013, 10:56 PM
    Dogmatique
    Re: in Pa
    Well heck.

    Thanks, jk. That one flew straight over this cuckoo's head.
All times are GMT -7. The time now is 12:42 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved