What are the next steps after suing a landlord and getting a judgment?

Submitted by TheEnforcer91 t3_zxolxt in Pennsylvania

Hey everyone,

I posted in here a while ago about suing my landlord and he was only able to respond that I owe a pet fee. He never answered when I stated he past the 30 day deposit limit. I sued for double and won. I know I have 30 days to receive my security deposit, but in two weeks I have not been contacted and in the judgment letter it states that an order to satisfy needs to be done.

What are the next steps. I know it’s a writ of execution but can someone who has had this happen to before explain and break down the rest.

Is the landlord suppose to contact me and send a check.

I won by default no show and I live 2 hours away from Philly so going back is a pain, but if it has to be done then I will do it.

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Comments

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pedantic_comments t1_j21ga0q wrote

They will appeal at the last possible moment to make it as difficult as possible.

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MaryjaneinPA t1_j21pp6m wrote

I have won twice when this happened but it’s almost impossible to collect

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worstatit t1_j222764 wrote

The MDJ where the judgment was won should be able to get you started. Not sure if tenants are any more successful than landlords at actually collecting these. Imagine if you're willing to hassle you could eventually have a lien on the property.

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TheEnforcer91 OP t1_j21i4ka wrote

Thanks for sharing this info.

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delcodick t1_j21r1op wrote

If you have his bank account details (bank name will suffice) where you paid rent to, then garnish it.

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artificialavocado t1_j22lmiv wrote

Garnishing someone’s bank account or wages in PA is serious business and will need a separate court order. I’m not even sure the magistrate can even do that something like that might need to come from the court of common pleas.

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delcodick t1_j22w34j wrote

You can not generally garnish wages in PA and certainly not in this case.

There is a process to through that will involve costs in terms of time and money. Bank garnishment isn’t done at magesterial level.

The OP has not said they obtained judgement in small claims court. But as you hinted at that possibility it would be helpful if they clarified.

It is possible for the OP to act Pro Se but in order to avoid certain pitfalls it probably better to engage the services of an attorney.

It is always dangerous to infer factual information from what the OP has told us but it would appear at first glance (given that no answer was filed with the court) that the landlord is an individual and not a legal entity such as an LLC etc and that the OP is in fact the sole person conducting business as the owner and landlord of the property.

There is a danger that this may not be the case and the OP needs to make sure they have sued and obtained judgement against the correct party

If they have indeed obtained a valid judgement against which has passed the time for appeal then they can move forward.

The OP appears to be aware that they can not force collection remedies until a Praecipe to Enter Judgment is actually filed with the local county courts in Pennsylvania. This document called a “Praecipe to Enter Judgment” is governed in part by PA R.C.P. Rule 237.1.

For the OP to collect a judgment in PA they will need to file and record the judgment in each and every county where the debtor resides or owns real property. Real property in simple terms means a house or other property or land.

Once this has been done the OP can then file with the department of court records a praecipe for a writ of execution.

It may or may not be worth the investment in terms of fees and time for the OP to seek collection of the judgement.

Only they can know that.

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TheEnforcer91 OP t1_j23fi90 wrote

I took my landlord to small claims court. I did sue and it is indeed a LLC. I sued the actual LLC business and I won my judgment by default because the LLC/ Landlord was a no show.

There is also more paperwork involving the court serving them and no names given to the server etc.

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delcodick t1_j23l8s7 wrote

That changes matters somewhat. I seriously suggest you consult an Attorney experienced with Landlord tenant and debt collection matters in That case. There are lots of questions to consider from the information you have provided that go further than an Internet forum. Most Attorney’s will give you a free initial consultation which will allow you to decide if this is worth moving forward or not, and if so on what basis, together with an estimate of upfront costs. Good luck

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