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JeffreyWigand

Verify SOL on judgments

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I'm hoping to get verification on the statute of limitations on a judgment.  In 2008, a creditor received a judgment against me in a Pennsylvania Court of Common Pleas.  It's so far back that I thought I had arranged for a settlement amount, but perhaps not.  I recently received a letter from a debt collection law firm stating that the creditor is holding that judgment and is requesting the full amount.

 

I did a little digging and it looks like the SOL for recorded judgments in Pennsylvania is 4 years - well below the 12 years it's been.  Can anyone confirm that?

 

Thanks!

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PENNSYLVANIA

Judgment: 6%

STATUTE OF LIMITATIONS (IN YEARS)

Open Acct.: 4

Written Contract: 4

Domestic Judgment: 5 (writ of revival within 5 yrs.)

Foreign Judgment: 4

 

I suggest you check  your Court records to see if there was a writ of revival. Plus see if there was an assignment of the judgment lien to this CA.

https://publicrecords.netronline.com/state/PA

 

Also, you should follow the steps here;

 https://whychat.me/GUIDEBOOK.html

Edited by Why Chat

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12 hours ago, Why Chat said:

PENNSYLVANIA

Judgment: 6%

STATUTE OF LIMITATIONS (IN YEARS)

Open Acct.: 4

Written Contract: 4

Domestic Judgment: 5 (writ of revival within 5 yrs.)

Foreign Judgment: 4

 

I suggest you check  your Court records to see if there was a writ of revival. Plus see if there was an assignment of the judgment lien to this CA.

https://publicrecords.netronline.com/state/PA

 

Also, you should follow the steps here;

 https://whychat.me/GUIDEBOOK.html

That is simply wrong.

 

In Pennsylvania, a judgment lien is fully effective for five years, and is governed by the five year statute of limitations. 42 Pa. C.S.A. § 5526.  The actual judgment itself is valid for ten years unless steps are taken to renew the judgment for an additional ten years.  

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https://bernsteinlaw.com/publications-list/maintaining-lien-priority-after-obtaining-a-judgment-is-incredibly-easy-but-should-not-be-overlooked/

 

The entry of judgment in Pennsylvania acts as a lien on all real property of the judgment debtor in the county in which the judgment has been entered. In Pennsylvania, a judgment lien is fully effective for five years, and is governed by the five year statute of limitations. 42 Pa.C.S.A. § 5526. The term “fully effective” is more appropriate here than the term “valid” in describing the effect of the statute of limitations on a judgment lien, because a judgment lien will still be a lien on real property after the

 

The OP did not state that it was a credit card judgment which (as "Mr.Mean posted) is enforceable for 10 years;

https://legalbeagle.com/7389805-statute-claims-against-estate-pennsylvania.html

Edited by Why Chat

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On 1/16/2020 at 2:55 AM, JeffreyWigand said:


... credit card judgment ...
 

I did a little digging and it looks like the SOL for recorded judgments in Pennsylvania is 4 years - well below the 12 years it's been.  Can anyone confirm that?

 

On 1/16/2020 at 6:59 AM, Why Chat said:

PENNSYLVANIA

Judgment: 6%

STATUTE OF LIMITATIONS (IN YEARS)

Open Acct.: 4

Written Contract: 4

Domestic Judgment: 5 (writ of revival within 5 yrs.)

Foreign Judgment: 4

 

5 hours ago, Why Chat said:

The OP did not state that it was a credit card judgment which (as "Mr.Mean posted) is enforceable for 10 years;


Reading really is a fundamental skill in life.  Shall we set up a GoFundMe so you may finally acquire that skill?

 

The OP clearly stated the concern was a credit card judgment and not a judgement lien.  Our resident non-reader stated the SOL as 4 to 5 years, depending on the category.  That was simply wrong.

 

Newbies here deserve accurate, dependable answers to important questions.  I understand that some people have fundamentally poor reading skills.  They may consider getting themselves a literacy volunteer.  

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The OP did NOT "clearly state" that it was a credit card judgment.

Snide remarks are not helpful

 

The OP said:"In 2008, a creditor received a judgment against me in a Pennsylvania Court of Common Pleas. "

In a later post he referred to credit card judgments as a quote from another source;

"

 
  On 1/15/2020 at 1:55 PM, JeffreyWigand said:


... credit card judgment ...
 

I did a little digging and it looks like the SOL for recorded judgments in Pennsylvania is 4 years - well below the 12 years it's been.  Can anyone confirm that?

 On 1/15/2020 at 1:55 id:... credit card judgment ...

 

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47 minutes ago, Why Chat said:

The OP did NOT "clearly state" that it was a credit card judgment.

Snide remarks are not helpful

 

The OP said:"In 2008, a creditor received a judgment against me in a Pennsylvania Court of Common Pleas. "

In a later post he referred to credit card judgments as a quote from another source;

"

 
  On 1/15/2020 at 1:55 PM, JeffreyWigand said:


... credit card judgment ...
 

I did a little digging and it looks like the SOL for recorded judgments in Pennsylvania is 4 years - well below the 12 years it's been.  Can anyone confirm that?

 On 1/15/2020 at 1:55 id:... credit card judgment ...

 

 

Snide remarks are helpful.  Or at least more helpful than bogus advice.

 

There are no judgments in PA that have a statute of limitations of only 4 years.  You continue to confuse the judgment with a lien created by the judgment.  A lien, by the way, which can be refiled.  

 

Centex got it right the first time. ;)

 

Would like like a GoFundMe to obtain a literacy volunteer?  

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I agree with Why Chat and I truly do not like reading the over embellished snide put downs. On this thread I see no reason for it. Please tone it down. 

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1 hour ago, creditmaze said:

I agree with Why Chat and I truly do not like reading the over embellished snide put downs. On this thread I see no reason for it. Please tone it down. 

 

What you like is irrelevant.  When you know WTF you talking about, you will understand the history.

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According to PA statutes, execution of a judgment has an SOL of 20 years.  I didn’t see anything in the statutes about credit cards judgments and 10 years. 

 

§ 5529.  Twenty year limitation.

(a)  Execution against personal property.--An execution against personal property must be issued within 20 years after the entry of the judgment upon which the execution is to be issued.

 

Here is how the PA Supreme Court explained a judgment lien vs. judgment execution

 

“Therefore, § 5529 prevents a judgment creditor from satisfying its judgment by executing against the personal property of the debtor more than twenty years after the judgment was entered. A judgment lien, however, merely "prevents a debtor from encumbering or conveying any real property he might own in such a way as to divest the effect of the judgment, [and] also prevent later lienholders from satisfying their debt without first paying the earlier lien." Shearer v. Naftzinger, 747 A.2d 859, 860-861 (Pa. 2000).  The plain language of § 5529 concerns execution against the lien property only and expresses no time limitation on filing a writ of revival of the judgment lien. Id.

 

The expiration of a judgment lien has no effect on the execution of a judgment. 

 

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On 1/16/2020 at 9:22 PM, Why Chat said:

 

I did a little digging and it looks like the SOL for recorded judgments in Pennsylvania is 4 years - well below the 12 years it's been.  Can anyone confirm that?

In my previous post, I noted that the PA statutes do not make a reference to credit card debt judgments and a 10-year SOL.  The only 10 year SOL appears to be for “adverse possession”.  I also saw nothing for 12 years.  Therefore, I cited the 20-year SOL which was the SOL referenced in the post by @centex.

 

I cited Shearer from the PA Supreme Court which explained the difference between a judgment lien and judgment execution.   Here is another quote from Shearer.

 

A judgment continues to exist, and can be executed on by having the sheriff sell personal property, whether or not a writ of revival is ever filed. Again, it is the lien against real property that is revived, not the judgment. 

 

I hope this helps to resolve the issue of revival of liens vs. the actual judgment. 

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