Judgment Lien On Jointly Owned Property In Allegheny
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Can Personal Property Be Seized In A Pennsylvania Judgement? Judgments from Magisterial District Court and Court of Common Pleas. A plaintiff can seize tangible personal property which are items such as household furnishings, jewelry, and business and office equipment.
To obtain a judgment lien, you must first record the judgment with the court of common pleas in the county where the debtor owns property. The lien will stay in effect for five years, but can be renewed, if the debtor does not sell the property within that time period.
The joint account held in the entireties, therefore, cannot be attached by a statutory lien, without the prior permission of the non-debtor account holder.
In Pennsylvania, married couples typically hold their joint real and personal property as "tenants by the entireties." A judgment creditor of one spouse cannot execute against such joint marital property, including homes, joint bank accounts, vehicles, etc.
Thus, if a creditor sues and obtains a judgment against one spouse, its only remedy is to collect against the individual property of the spouse against whom it has a judgment. However, tenancy by the entireties does not protect a married couple's property against their joint creditors.
If one of the co-owners faces financial or legal issues, their creditors could potentially place a lien on the property, affecting the other co-owners interests.
It shows up on your credit report as well as on any background checks. The judgment is considered a lien against your property, including any real estate that you have, in the state in which the judgment is filed.
Involuntary Liens On the contrary, an involuntary lien can be placed on a property regardless of whether the owner wants it on their property. In other words, an owner's property can be claimed against their will if payments aren't made in a specified time period.
