Business vs. Business Civil Suit PA

[mwether19]

Pennsylvania.
Went through process at Magistrate for Civil Suit against a client. We both are businesses. Defendant did not appear for his deense hearing. I won by default & the entry of judgement was filed at the prothonotary office. Defendant did not appeal within the 30 day as required.

I understand that my next step is to file the orig. judgement and then the Writ of Execution Notice & Claim for Exemption Form.

1st question: Can I put a lien on the defendant's bank acct. for the money he owes me plus all the court costs? He is incorporated. I do not want to take the route of sale/levy on personal property if don't have to.

2nd question: What has to be included in the Writ of Execution Notice? Orig. money judgement, court costs, & interest?

3rd question: What is this Claim for Exemption Form that is also going to the deffendant? Since he is incorporated can his business bank account be exempt?

I am sorry this is so long. I contacted an Attorney & he told me he wouldn't do it because it would cost me too much in fees. I called the Sheriff's office & was told that I could pursue this on my own. They said many people do. They will send me the forms. They agreed that the defendant should not be allowed to get away with this.

Could you please answer these questions? Thanks in advance.

 

[dcatz]

Q. Can I put a lien on the defendant's bank acct. for the money he owes me plus all the court costs? He is incorporated.

A. You can levy on the bank account of a judgment debtor, but your post isn't clear as to whether you got a judgment against an individual or a corporation. If an individual, you levy the individual's account, if a corporation, you levy the corporate account but, if an individual, you don't levy a corporate account.

Q. What has to be included in the Writ of Execution Notice?

A. No one can see your form. Normally, your judgment would already include costs and pre-judgment interest. Commonly, the form for a writ provides for judgment and post-judgment costs and interest.

Q. What is this Claim for Exemption Form that is also going to the deffendant? Since he is incorporated can his business bank account be exempt?

A. I infer that you actually understand the form but aren't clear on who/what could claim exemptions. See the answer to the first question. The corporate bank account of a corporate judgment debtor would not normally be exempt.

You say that you're both businesses, but you do recognize that, if an individual incorporates his business, the indivdual and the corporation are treated as two separate entities, don't you?

 

[mwether19]

Bus. vs. Bus. Civil Suit PA

Pennsylvania
Q. Can I put a lien on the defendant's bank acct. for the money he owes me plus all the court costs? He is incorporated.

A. You can levy on the bank account of a judgment debtor, but your post isn't clear as to whether you got a judgment against an individual or a corporation. If an individual, you levy the individual's account, if a corporation, you levy the corporate account but, if an individual, you don't levy a corporate account.

My A. The client has two addresses. One for the main office & one for his home office. He is incorporated. The service was provided at his home office and all services have always been billed to his main office. When I filed the Civil Suit, I put John Doe ...DBA John Doe, Inc. with the address of his home because that is where the service was provided. But in the body of the judgement I included that the billing went through his main office (as has always been the case.) John Doe, Inc. I hope that is clear. All past invoices have always been handled through the main incorporated office whether the service was provided at his office or his home. Paid through the corporation checking account.

Q. What has to be included in the Writ of Execution Notice?

A. No one can see your form. Normally, your judgment would already include costs and pre-judgment interest. Commonly, the form for a writ provides for judgment and post-judgment costs and interest.

My Q. Who determines the interest? What do I put there? As mentioned, an attorney is not involved.

Q. What is this Claim for Exemption Form that is also going to the deffendant? Since he is incorporated can his business bank account be exempt?

A. I infer that you actually understand the form but aren't clear on who/what could claim exemptions. See the answer to the first question. The corporate bank account of a corporate judgment debtor would not normally be exempt.

You say that you're both businesses, but you do recognize that, if an individual incorporates his business, the indivdual and the corporation are treated as two separate entities, don't you?

My A. Yes, that is why I am explaining the scenario above. Since I have always billed the person through the corporation no matter which physical address & has always paid through the corporation, then I am correct in garnishing the corp. bank account, correct?