Pennsylvania Precise For Execution Or For Attachment Execution is a form used in the Commonwealth of Pennsylvania to start a civil action. It is a request for the court to issue a writ of execution or a writ of attachment execution. It can be filed by a plaintiff in an effort to collect a debt or other damages that are owed to them. The Precise includes the name of the court, the name of the plaintiff, the name of the defendant, and the amount of the judgment or debt that is being sought. There are two types of Pennsylvania Precise For Execution Or For Attachment Execution: Execution Precise and Attachment Execution Precise. Execution Precise is used to demand payment of a money judgment, while Attachment Execution Precise is used to take property of the debtor to satisfy a debt or judgment.
Pennsylvania Praecipe For Execution Or For Attachment Execution
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FAQ
A writ of attachment demands the creditor's property prior to the outcome of a trial or judgment, whereas a writ of execution directs law enforcement to begin the transfer of property as the result of the conclusion of a legal judgment.
Attachment is defined as a remedy where a plaintiff can seize defendant's property before judgment to secure any recovery the plaintiff may recover in a pending lawsuit. It can only be used where there is a lawsuit on file claiming that money is owed.
The writ authorizes the sheriff's office to take certain action to collect the monies against the debtor. When you file a writ of execution you are then directing the sheriff to take some additional action concerning the judgment. This can apply significant pressure for the debtor to pay.
A writ of preliminary attachment is a provisional remedy issued upon order of the court where an action is pending to be levied upon the property or properties of the defendant therein, the same to be held thereafter by the Sheriff as security for the satisfaction of whatever judgment might be secured in said action by
Some examples of attachable property are the following: farm products, inventory, equipment, final money judgements arising out of defendant's conduct of trade, business or profession, homestead exemption, any interest in real property, accounts receivable arising out of conduct by defendant of trade, business, or
The praecipe simply asks the prothonotary to issue a writ of summons against the defendant. Plaintiffs typically file a praecipe for writ of summons: To commence a lawsuit quickly when the statute of limitations is about to expire on the plaintiff's claims.
One way to defeat the writ of attachment proceeding in a breach of contract action is to demonstrate to the Court that the terms of the contract themselves are ambiguous, and can only be determined through discovery in a case, and possibly through a factual determination by a jury.
A writ of attachment is typically requested soon after a case is filed (in order to freeze the defendant's assets while the case is pending). A writ of execution is issued at the end of a case after the judgment is reached, in order to enforce a judgment debt that has been awarded to the creditor.