QUESTION

I''ve just recieved a writ of execution from a collector. I only work part-time and am the caregiver to my aging mother. I own nothing.

Asked on Mar 04th, 2012 on Collections - Pennsylvania
More details to this question:
My pay is direct deposited in my mothers account. Can they seize that if my name is not on the account?
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1 ANSWER

Financial Markets and Services Attorney serving Blue Bell, PA at Max L. Lieberman & Associates A Professional Corporation
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Without having all of the facts and circumstances related to your inquiry, it is difficult to provide you with legal advice.  I would suggest you contact an attorney who can more properly guide you.  On a very preliminary and general basis, I must assume, again without looking at the paperwork, that there was a judgment entered against you.  A writ of execution is the procedure to secure satisfaction of a money judgment.  That would also come from a court, not a bill collector.  (Again, the reason why I would suggest you consult with an attorney who would be in a position to actually review what you received and properly guide you.).  If you have no assets, then there is nothing to sell or levy or execute on in order to satisfy the judgment.  Generally, in Pennsylvania wages cannot be garnished to satisfy a judgment. If the judgment is against you, they also cannot attach a bank account that is in someone elses' name or which is held jointly with another.  However, the judgment will be on your record.  A judgment, unless revived, lasts 5 years.  However, a judgment creditor is free to revive the judgment every 5 years and maintain its validity.  Thus, if you ever acquire assets (for instance, if your mother's home is being left to you, once title to the property is transferred, it would be subject to execution.)  Again, I would recommend that you consult with an attorney who can more properly advise you once he or she has reviewed the documents and all of the relevant facts and circumstances.  I hope that I have been able to provide some initial guidance. Marla D. Sones
Answered on Mar 09th, 2012 at 9:50 AM

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