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  1. #1
    Join Date
    Sep 2018
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    11

    Default What Deductions Must be Made from the Claimed Balance for Wage Garnishment

    My question involves landlord-tenant law in the State of: Pennyslvania

    Tenant has been evicted and I have a judgment from the Magisterial District Judge. I am filing a Civil Action in the Court of Common Please for wage garnishment. The security deposit has not been deducted from the judgment/costs awarded.

    Item #5b of the Certification states "A security deposit in the amount of $________is being held by the judgment creditor. This security deposit __X__ has not been applied to the payment of rent due......."

    Do I attach to the Certification - an itemized list of allowable deductions from the security deposit. If so, do I include receipts as proof for those deductions also?

  2. #2
    Join Date
    Sep 2005
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    Default Re: What Deductions Must be Made from the Claimed Balance for Wage Garnishment

    This language?
    5 . (a) The amount of the judgment is $__________ (b) A security deposit in the amount of $_____ ___ is being held by the judgment deposit creditor - landlord. This security deposit _____ been applied _____ has not been applied to payment of rent due on the same premises for which the judgment has been entered. (Any security deposit that has not already been applied to rent will be deducted by the Prothonotary from the amount of the judgment in determining the amount to be attached) The amount of $_ _________ has been paid toward satisfaction of the judgment. (Do not include security deposit)
    That's pretty clear: You have either applied the security deposit to the payment of rent or you have not. If you have not, the prothonotary will deduct the amount of the deposit.

    We were not parties your lawsuit, and thus are not in a position to comment on how the claims you made in that lawsuit and the judgment you obtained might affect your ability to claim damages other than rent owed from your former tenant.

  3. #3
    Join Date
    Sep 2018
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    11

    Default Re: What Deductions Must be Made from the Claimed Balance for Wage Garnishment

    You may not be able to answer anything further but here are a couple of comments.

    The security deposit amount was not listed or itemized on my landlord/tenant complaint. The judge did not ask if there was a security deposit nor require the amount to be filled in on the complaint. I was awarded a judgment for the full rental arrearages plus costs.

    So the security deposit HAS NOT been applied to the rent (as I stated above). After awarding the judgment, the magisterial judge advised me to keep receipts for the deductions to the security deposit. I have done so.

    I am assuming that I am to attach to the certification an itemized list of allowable deductions and that the prothonotary will only deduct the remaining balance of the security deposit. Does anyone have any experience with this situation? I am unable to find an answer to this situation.

  4. #4
    Join Date
    Aug 2013
    Posts
    276

    Default Re: What Deductions Must be Made from the Claimed Balance for Wage Garnishment

    You mentioned "wage garnishment". I have been on the other side of this, where AP or PR gets a CCPA (federal law) compliant garnishment order, and they just do what the order tells them to do. The payer neither receives or cares about the judgement. They get the order and they follow the order. If there are questions, they call the court and ask for clarification. Creditor garnishment orders are more subject to state law and more likely to be more "creative" in their issuance then child support orders, but CCPA still provides some framework rules that all courts are supposed to follow.

    The phrase "wage garnishment" implies a creditor garnishment order issued to an employer to execute through deductions from wages. Courts can also issue a more general "creditor garnishment" directed at vendors of the payer. The CCPA has suggested formats for these two types of orders which the courts can (but often do not) follow.

    Employers/payers have no dog in this hunt. We do exactly what the order says. No more. No less. And we NEVER care what the judgement does or does not say. The employer/payer is not a party to the judgement and has no legal interest in it. Just the order.

  5. #5
    Join Date
    Sep 2018
    Posts
    11

    Default Re: What Deductions Must be Made from the Claimed Balance for Wage Garnishment

    Thank you for your response. In the state of PA, wage garnishment is only allowed for child support or a rental judgment. I am only at the stage where I am filing with the prothonotary's office a civil action to begin the process to garnish the ex-tenant's wages.

    In this process is a document for me to file called a "Certification by Judgment Creditor-Landlord". In Item #5 of this certification, as seen above, the landlord selects whether or not the security deposit has been applied to the rent but it does not mention allowable deductions from the deposit. In my case the security deposit has not been applied to the rent and is not mentioned in the judgment.

    I will just present to the prothonotary's office the list and receipts of deductions from the security deposit and attach to the certification. I'll see what the court does then.

    Thanks for attempting to answer my question. Perhaps I have not been clear and maybe I have asked this under the wrong titled forum.

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