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Pennsylvania Praecipe For Writ of Possession Upon Confessed Judgment-Real Property

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Pennsylvania
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PA-SKU-2247
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Praecipe For Writ of Possession Upon Confessed Judgment-Real Property

The Pennsylvania Precise For Writ of Possession Upon Confessed Judgment-Real Property is a legal document used to initiate the process of taking possession of real estate after an unpaid debt has been confessed. This document is used when the debtor has signed a confession of judgment, which is a document that allows a creditor to obtain a court judgment against a debtor without a hearing or trial. The writ of possession on confessed judgment is often referred to as a writ of execution. There are two types of Pennsylvania Precise For Writ of Possession Upon Confessed Judgment-Real Property: the Voluntary and the Involuntary Writ. The Voluntary Writ is filed by the creditor when the debtor has willingly agreed to the confession of judgment. The Involuntary Writ is filed by the creditor when the debtor has not voluntarily agreed to the confession of judgment. The Pennsylvania Precise For Writ of Possession Upon Confessed Judgment-Real Property must include the name of the court, the name of the debtor, the amount of the debt, and the date of the judgment. It must also include the creditor's name, address, and contact information, as well as the description of the real estate to be taken into possession. A copy of the writ must then be served on the debtor and the titleholder of the real estate before the court can issue the writ. Once the court issues the writ, the sheriff or constable will serve it on the debtor and the titleholder, and the sheriff or constable will take possession of the real estate and hold it for the creditor until the debt is paid.

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FAQ

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.

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).

Rule 237 provides that the prothonotary shall not accept any praecipe of judgment on a verdict or for judgment on a decision in a trial without a jury ''unless it includes a certificate that a copy of the praecipe has been mailed to each other party who has appeared in the action or to the attorney of record for each

Confession of judgment provisions allow the lender/landlord to enter a judgment for money or to regain possession of the property, or both.

Rule 2955. Confession of Judgment. (a) The plaintiff shall file with the complaint a confession of judgment substantially in the form provided by Rule 2962. (b) The attorney for the plaintiff may sign the confession as attorney for the defendant unless an Act of Assembly or the instrument provides otherwise.

Rule 4009.12 - Answer to Request Upon a Party for Production of Documents and Things (a) The party upon whom the request is served shall within thirty days after the service of the request (1) serve an answer including objections to each numbered paragraph in the request, and (2) produce or make available to the party

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.

Rule 2973.2 - Notice Served Prior to Execution (a) A written notice in the form prescribed by Rule 2974.2 shall be served on the defendant at least thirty days prior to the filing of the praecipe for a writ of possession.

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Largest forms database in the USA with more than 80,000 federal, state and agency forms. If the plaintiff (landlord) files a timely praecipe for a writ of possession, the court must issue the writ.The writ of possession directs the sheriff to both:. Usually upon condition. Authorizes plaintiff's attorney to sign judgment and issue execution. He has confessed the action. And a praecipe directing the Prothonotary to issue the writ specified therein. Electronically file the completed Praecipe for Writ of Possession, Writ of. Possession, and Confession of Judgment Certification through the Odyssey. Pennsylvania state law relating landlord rights and remedies.

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Pennsylvania Praecipe For Writ of Possession Upon Confessed Judgment-Real Property