Praecipe for writ of exec

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Praecipe for writ of exec (by Mark [PA]) Oct 21, 2017 11:07 AM

Praecipe for writ of exec (by Ray-N-Pa [PA]) Oct 21, 2017 11:21 AM

Praecipe for writ of exec (by Mark [PA]) Oct 21, 2017 11:29 AM

Praecipe for writ of exec (by Ray-N-Pa [PA]) Oct 21, 2017 12:35 PM

Praecipe for writ of exec (by TonyT [PA]) Oct 21, 2017 1:07 PM

Praecipe for writ of exec (by TonyT [PA]) Oct 21, 2017 1:10 PM

Praecipe for writ of exec (by Nicole [PA]) Oct 22, 2017 5:14 AM

Praecipe for writ of exec (by Ray-N-Pa [PA]) Oct 22, 2017 6:28 AM

Praecipe for writ of exec (by Don [PA]) Oct 22, 2017 9:47 PM

Praecipe for writ of exec (by Mark [PA]) Posted on: Oct 21, 2017 11:07 AM
Message:

Tenant file appeal to media courthouse after I was awarded possesion They filed low income and only had to pay 1/3 of rent to appeal the possession order . I applied at courthouse to have tenants funds sent to me . When do I file Praecipe for writ of execution. --73.13.xx.xx

Praecipe for writ of exec (by Ray-N-Pa [PA]) Posted on: Oct 21, 2017 11:21 AM
Message:

Is the rental in your name or in an LLC or Trust? If in your name, you can file with the Prothonatary so that the funds are released to you for the past due rent. If it is not in your name, you are not allowed to represent yourself in the court of common pleas. --24.101.xxx.xxx

Praecipe for writ of exec (by Mark [PA]) Posted on: Oct 21, 2017 11:29 AM
Message:

I am the owner. I received the appeal letter from the tenant on October 12 should I file for Praecipe on monday? --73.13.xx.xx

Praecipe for writ of exec (by Ray-N-Pa [PA]) Posted on: Oct 21, 2017 12:35 PM
Message:

If you believe your tenant is collectable -yes.

This website will walk you through.

www.pacode.com/secure/data/231/chapter3000/subchapDtoc.html

If they are not collectable.....you might be in for a rough ride and should pick up an attorney. You need to be thinking about possession and less about the cash if they are broke.

It is my hope you didn't fall into the ETF trap that so many on this website boast about --24.101.xxx.xxx

Praecipe for writ of exec (by TonyT [PA]) Posted on: Oct 21, 2017 1:07 PM
Message:

I just did a writ of execution myself here in PA a few months ago - one of the two times in 20 years I had to.

Hopefully you already have a money judgment, but I don't think you can do the Writ of Execution if you are in the appeal period. There's an appeal period for possession and then a different appeal period for the money part of the judgment.

A writ of execution is to have the sheriff seize (levy) personal possessions including cars (OK in PA), but it's a slightly different process for seizing money form bank accounts. I take a photo of every tenant's security deposit check and store it so I have the bank and account # of each tenant for this purpose.

So do you want to do personal property or bank account money?

--73.230.xxx.xx

Praecipe for writ of exec (by TonyT [PA]) Posted on: Oct 21, 2017 1:10 PM
Message:

I found this info in my personal notes (not legal advice):

PA Code Title 246, Chapter 500

Give Tenant written notice of eviction and the date required to vacate.

* Post on home's door or give personally.

* Must state the reason for the eviction (non-payment of rent).

* 15 days notice required if the eviction is NOT for failure to pay rent, if lease is broken for leases 1 year or less (ONLY if not waived in lease)

* 10 days notice required if rent is not paid (ONLY if not waived in lease)

FILE FOR EVICIOTN:

* File for either non-payment of rent or breaking of the terms of the lease

* Be sure to ask for possession on the form (2 types - See below) for absolute eviction.

ORDER FOR POSSESSION:

* There are two types of possession: One is absolute where possession is granted on the spot at the hearing (or resulting judgment). The other is commonly called "Pay to Stay" where possession is granted only if the money judgment is not paid within 10 days after the judgment (this is the most common).

* You must return to the MDJ office to get the judge's signature (after the 10 days) for the order of posession, then the constable will deliver the order to the tenants. The tenants will be required to vacate 11 days after the order is delivered.

* An appeal may be filed by the tenant within 10 days for the Order for Possession but the back rent (up to 3 months) must be submitted with the appeal. A Tenant has 30 days to appeal the money part of the judgment.

* Once the order to vacate has been served, you must pay $90 more to the constable to remove tenants unless you notify the constable 48 hours before that they do not have to go.

TIMELINE: |=======7-15=Days======|======10=Days======|======11=Days======|

| | | |

File for Court Get Order Sherrif

Eviction Date For Possession Removal

--73.230.xxx.xx

Praecipe for writ of exec (by Nicole [PA]) Posted on: Oct 22, 2017 5:14 AM
Message:

why/what are you executing on? don't you need to be lawyering up an getting your complaint filed? At minimum, go see an attorney to be sure you're on the right track if pro bono.

Ray, I believe you can represent yourself in common pleas ... folks do it all the time. I assume most times they lose ... often because of procedural errors or just being "outlawyered" by the other side. I think criminals file stuff all the time ... because being in the library is better than watching reality tv and soap operas all day long. --72.95.xx.xxx

Praecipe for writ of exec (by Ray-N-Pa [PA]) Posted on: Oct 22, 2017 6:28 AM
Message:

Nicole - we are in agreement. When you are Representing YOURSELF, you can do it. If your property is owned by a trust or LLC you can not.

I also agree with you in that Mark should get an attorney. He is looking for cash and instead should be worried about getting keys.

It is unclear what is owed to him, but the truth is an upset tenant do FAR more damage to real property than they can rack up in past due rent, ETF and/or late fees all combined. --24.101.xxx.xxx

Praecipe for writ of exec (by Don [PA]) Posted on: Oct 22, 2017 9:47 PM
Message:

You cannot execute on a judgement that is under appeal. Get a lawyer, now. --73.141.xxx.xxx

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Praecipe for writ of exec

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