A Pennsylvania Writ of Execution and/or Attachment on a Confessed Judgment is an order by a court authorizing the sale of a debtor’s property to satisfy a debt owed by the debtor. A Writ of Execution is an order from a court to a sheriff or other authorized officer to seize a debtor’s personal property or real estate to pay a judgment debt. An Attachment on a Confessed Judgment is an order from a court to a sheriff or other authorized officer to seize a debtor’s property to satisfy a debt that has been agreed to by the debtor. There are two types of Pennsylvania Writ of Execution and/or Attachment on a Confessed Judgment: a Writ of Execution and an Attachment on a Confessed Judgment. A Writ of Execution is used when a judgment has been entered against a debtor and the creditor is seeking to collect the debt by seizing the debtor’s personal property or real estate. An Attachment on a Confessed Judgment is used when a debtor has agreed to pay a debt and the creditor is seeking to secure the debt by seizing the debtor’s property.
Pennsylvania Writ of Execution and/or Attachment on a Confessed Judgment
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FAQ
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.
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.
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.
A confession of judgment is a pleading filed in the Court of Common Pleas of Pennsylvania that gives the Plaintiff an immediate judgment against the Defendant without prior notice and an opportunity to be heard in court by the Defendant.
A writ of execution is a court order directing the Sheriff to take an action to enforce a judgement.
Rule 1031 - Counterclaim (a) The defendant may set forth in the answer under the heading "Counterclaim" any cause of action cognizable in a civil action which the defendant has against the plaintiff at the time of filing the answer. (b) A counterclaim need not diminish or defeat the relief demanded by the plaintiff.
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).