Judgment Lien On Jointly Owned Property In Pennsylvania
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FAQ
Lien must be filed w/in 6 months after last labor or materials furnished. In Pennsylvania, an action to enforce a mechanics lien must be initiated within 2 years of the date of filing the lien claim. This deadline may not be extended, and failure to meet the deadline results in the lien becoming unenforceable.
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.
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.
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.
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.
The short and legal answer is YES, the creditor can force the sale of that half interest, but normally they won't. Part of the reason is that half of a property is not worth half of what the property is worth.
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.
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.
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.
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.
