Precise and Writ of Execution upon a Confessed Judgment is a legal process in Pennsylvania that allows creditors to collect on a debt that has already been agreed to by the debtor. The process begins with the creditor filing a Precise with the Prothonotary of the court in the county where the debtor resides. The Precise must include the name of the debtor and creditor, the case number, the amount of the judgment, and the interest rate (if any). Once the Precise is filed, the Prothonotary issues a Writ of Execution to the Sheriff of the county. The Sheriff then serves the Writ of Execution on the debtor, who is then required to pay the full amount of the judgment within 30 days. If the debt is not paid in full within the 30-day period, the Sheriff will levy the debtor's property to satisfy the debt. There are three main types of Pennsylvania instructions for Precise and Writ of Execution upon a Confessed Judgment: 1. Precise for Entry of Judgment: This is the first step in the process, where the creditor files a Precise for Entry of Judgment with the Prothonotary. 2. Writ of Execution: This is the second step, where the Prothonotary issues a Writ of Execution to the Sheriff of the county. 3. Precise for Levy: This is the third and final step, where the Sheriff levies the debtor's property to satisfy the debt.
Pennsylvania instructions for Praecipe and Writ of Execution upon a Confessed Judgment
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FAQ
Current Rule 2951 provides for two methods of confessing judgment. Subdivision (a) allows the prothonotary, upon the filing of certain documents in support of the entry of judgment, to enter judgment by confession without the filing of a complaint or a confession of judgment signed by an attorney.
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS.
Rule 2957 - Praecipe for Writ of Execution; Amount; Items Claimed; Certification (a) Plaintiff may include the amount due, interest, attorneys' fees and costs in the praecipe for a writ of execution under Rule 2963(5).
You send this notice 10 days in advance when you intend to take judgment by default upon an opposing party due to that party's failure to file an answer or preliminary objections to the complaint within the required time frame.
A document that a plaintiff files with the prothonotary to commence a civil action in a Pennsylvania court of common pleas before filing a complaint (Pa. R. Civ.
A motion for summary judgment must contain only a concise statement of the relief requested and the reasons for granting that relief. The motion should not include any recitation of the facts and should not exceed two pages in length.
Rule 2959 - Striking Off or Opening Judgment. Pleadings. Procedure (a) (1) Relief from a judgment by confession shall be sought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition.