 Bank Garnishment Form (by Tony [PA]) Nov 8, 2016 11:10 AM
 (by Ed [PA]) Nov 8, 2016 4:26 PM
(by Nicole [PA]) Nov 8, 2016 6:51 PM
(by Tony [PA]) Nov 8, 2016 10:03 PM
(by Sisco [MO]) Nov 9, 2016 6:07 AM
(by Ed [PA]) Nov 9, 2016 5:39 PM
(by Tony [PA]) Nov 10, 2016 6:17 AM
(by TonyT [PA]) Nov 15, 2016 1:57 PM
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Bank Garnishment Form (by Tony [PA]) Nov 8, 2016 11:10 AM
Message:
I am garnishing the money in the tenant's bank account. I already completed the Writ of Execution, the Interrogatories to the bank, AND the bank answered the interrogatories disclosing the amount in the bank account.
I read that the only thing left to do is to give to the Prothonotary's office a Praecipe for Judgment (see PA code Rule 3146).
All of the forms needed to get to this point were found at the Prothonotary's Office or easily found online, but this final form isn't anywhere nor did the Prothonotary's have it - they said I'd have to bring my own.
Does anyone have an example of one I can just use as a template? It doesn't seem to be in PA Code (online) anywhere where most forms are, or I'm missing it.
Thank you in advance!
-Tony
--73.230.xxx.xx |
Bank Garnishment Form (by Ed [PA]) Nov 8, 2016 4:26 PM
Message:
I think you get this already filled out from the magistrate that tried the case. --108.32.xx.xxx |
Bank Garnishment Form (by Nicole [PA]) Nov 8, 2016 6:51 PM
Message:
not sure but the Praecipe for Judgment should be the beginning, not the end.
once it's turned over to the sheriff for execution, I'm not sure why it would go back to the Prothy. --72.95.xx.xx |
Bank Garnishment Form (by Tony [PA]) Nov 8, 2016 10:03 PM
Message:
Thanks for the replies but I think you may not understand the process totally. Here are the steps I followed for PA bank garnishment:
After you have won a judgment and recorded/transferred it in the Court of Common Pleas:
(1) You file a Praecipe for Writ of Execution with Interrogatories for the garnishee. The interrogatories basically request the garnishee (Bank) to give information as to any debt that is owed to the defendant (i.e. bank account).
(2) The prothonotary issues a writ to you; you take it to the sheriff and ask him to serve it, with the interrogatories to the garnishee bank.
(3) The bank answers the interrogatories within 21 days and says they owe the depositor (defendant) money.
(4) You then file a praecipe for a judgment against the garnishee, which is entered upon admitted liability. A judgment is then entered against the bank by the prothonotary. The bank will then pay on the judgment.
I'm at step #4 - needing the praecipe for judgement. I assume it's just a request for a judgment against the bank since they admitted that they have money on deposit from the tenant, so hopefully a request can be something that's not an official form and may have many variations to it.
--73.230.xxx.xx |
Bank Garnishment Form (by Sisco [MO]) Nov 9, 2016 6:07 AM
Message:
In Missouri the wage garnishment/ interogatory is filled at the circuit court. Forms are made available at the circuit clerk office, and are not made available at sec of state.
Perhaps pa is similar in this respect. --107.77.xx.xx |
Bank Garnishment Form (by Ed [PA]) Nov 9, 2016 5:39 PM
Message:
As I can't post the website, google this
Rule 3146. Judgment against garnishee upon default or admission in answer to interrogatories.
The first item "231 Pa. Code Rule 3146. Judgment against garnishee upon default or ..." has the letter form that needs to be submitted --108.32.xx.xxx |
Bank Garnishment Form (by Tony [PA]) Nov 10, 2016 6:17 AM
Message:
Ed, Thanks for your reply and for looking into it!
...but the form/notice in Rule 3146 is if the Bank doesn't answer your interrogatories within 21 days (and the form found in that section is a letter to the Bank, not a Praecipe for the Prothonotary).
This morning I am researching if a form I found online will work. I am in Dauphin County but a few other counties have a form called "Pracipe for writ of execution upon a confessed judgment" ...it looks really promising - do a search on that if you're interested. That form is in 231 PA Code Rule 2963.
I think I'll fill it out and give it to the Prothonotary and ask if that's what's needed to get the money form the bank. They can't give me legal advice, but they can answer yes or no to that question. I'll be sure to post my results here so others in the future can benefit. --73.230.xxx.xx |
Bank Garnishment Form (by TonyT [PA]) Nov 15, 2016 1:57 PM
Message:
FOLLOW-UP
The form mentioned in my previous post was not the correct one.
I was guessing since it wasn't in any forms in the PA Code, I thought it may be as simple as a general statement to the Prothonotary. So I made a sheet with the case caption and the statement: "Enter judgment in the above captioned matter against _____, Garnishee for the property of the defendant admitted in the answer to interrogatories to be in the Garnishee's possession _______(Describe Property)." My goal was to give it to the prothonotary and then hope they'd tell me what info was missing and what I'd need to add to it. But to my surprise, I submitted it (just today) and they said that's all I need! So they entered the judgment (against the bank)! So now I just learned that I must send a copy of the judgment to the bank to get the money. --73.230.xxx.xx |
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