Attn PA LL's (by NE [PA]) Feb 12, 2019 12:20 PM|
Attn PA LL's (by Paulio [PA]) Feb 12, 2019 1:45 PM
Attn PA LL's (by Elena [PA]) Feb 12, 2019 3:24 PM
Attn PA LL's (by Nicole [PA]) Feb 12, 2019 6:28 PM
Attn PA LL's (by NE [PA]) Feb 12, 2019 6:33 PM
Attn PA LL's (by Ray-N-Pa [PA]) Feb 14, 2019 5:18 AM
Attn PA LL's (by Nicole [PA]) Feb 14, 2019 5:53 PM
Attn PA LL's (by NE [PA]) Feb 14, 2019 6:07 PM
Attn PA LL's (by Ray-N-Pa [PA]) Feb 14, 2019 7:22 PM
Attn PA LL's (by Nicole [PA]) Feb 15, 2019 5:05 AM
Attn PA LL's (by Ray-N-Pa [PA]) Feb 15, 2019 5:18 AM
Attn PA LL's (by Nicole [PA]) Feb 19, 2019 5:45 AM
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Attn PA LL's (by NE [PA]) Posted on: Feb 12, 2019 12:20 PM
Any landlords from PA have a step by step process they can copy and paste here for me to do a Sheriff's Levy on an Ex-tenants prized possessions to satisfy judgement? I've never done one before. I have an ex tenant who has his project jeep parked at his mom's house and I would LOVE to sell that thing off to get paid.
1 to get paid and 2 to pi$$ him off. --50.107.xxx.xx
Attn PA LL's (by Paulio [PA]) Posted on: Feb 12, 2019 1:45 PM
Itís been awhile since I executed on possessions, so Iím not comfortable enough to give you a true step-by-step. But I would just go right to the magistrateís office and tell them what you want to do. I believe itís just a matter of filling out a form and paying a fee. The fact that a vehicle is involved may change things though and that Iím not sure about. --174.201.xx.xx
Attn PA LL's (by Elena [PA]) Posted on: Feb 12, 2019 3:24 PM
I have done one eviction and one zoning variance on my own. In both cases I was young and inexperienced. This was before I met Mr.Landlord :) I read what I could and just went to the office/City Hall I thought dealt with this stuff, and very politely asked for guidance. "How do I...?" - all with a respectful smile. Clerks were very helpful. Both cases I won. --141.158.xx.xxx
Attn PA LL's (by Nicole [PA]) Posted on: Feb 12, 2019 6:28 PM
I looked into this last week but not for a vehicle. I posted but forget the name of the post.
Magistrate's office told me constable will not levy for magistrate to sell. She said they never did. I didn't argue with her but I recall seeing the sale bills hanging in the magistrate's office years ago.
So I looked at Prothy and Sheriff web sites. File judgment & execution with Prothy. File Form 236 (notification). Pay money !!! Pay sheriff.
Done ... after $250-$300 out of your pocket.
Be positive he has title/ownership of vehicle.
I wanted to levy on all personalty ... wasn't brave enough in case it backfires on me. --72.70.xxx.xx
Attn PA LL's (by NE [PA]) Posted on: Feb 12, 2019 6:33 PM
Nicole, even if it backfires, isn't it worth a shot just to learn the process? There's value in that alone at times. --50.107.xxx.xx
Attn PA LL's (by Ray-N-Pa [PA]) Posted on: Feb 14, 2019 5:18 AM
What assets does the former resident have? Anything of value?
There are specific exceptions that they claim: I believe it is $300 in personal items and a set of tools that are linked to their trade.
I can't speak to how your constable will execute it, but ours sells everything listed so that only one bidder will win it all. I am not sure what will occur if no one shows up and bids at all. There were about four to six folks that showed up, but most of them are not willing to bid on the lot . --72.23.xxx.xx
Attn PA LL's (by Nicole [PA]) Posted on: Feb 14, 2019 5:53 PM
Ray's answer is what I'm afraid of. I'm out almost $500 so far. Sink in another $250-$300 for costs and I then own all their crap if no one bids.... and have to pay someone to remove it, I'd guess immediately... which means paying them whether they work or not, from their new home.
The only reason I'd consider this is to have them call my bluff and pay up before the auction ... but that's too iffy. --72.70.xxx.xx
Attn PA LL's (by NE [PA]) Posted on: Feb 14, 2019 6:07 PM
So bottom line is judgements are basically toilet paper like more flesh and blood landlords locally tell me also?
Attn PA LL's (by Ray-N-Pa [PA]) Posted on: Feb 14, 2019 7:22 PM
The judgement will be only as good as it is collectible. Screening up front pays on the back end.
Upfront see what they have of value. If they don't have assets, should you do business with to start with?
If they don't have garnish-able income they should have 4 times the rent for total income. If the income is garnish able, then 3 times works.
If they have a solid rental history but a so-so school, I will look further. I want the long haul person. A tall tale sign is if the judge is getting paid on a traffic tix.
There are many on line that will bark about ETF and ZT. I submit focus on staying full with paying customers. If someone shows the slightest sign of slipping up, do the knock and talk. Holding out for a ETF when they can't afford regular rent doesn't help anyone out. These fees are value added to your bottom line, but having keys in hand are also value added.
You can collect on a judgement if they have a solid income and are likely buyers. Just make the judgement a judgement of record. They may not be recorded by credit reports but you can collect with a sale of a significant asset. That only works though for class B or higher unit residents --72.23.xxx.xx
Attn PA LL's (by Nicole [PA]) Posted on: Feb 15, 2019 5:05 AM
NE, I've collected on a few judgments, but not many.
Ray, this ex-tenant in theory is collectible through wage garnishment.... EXCEPT, she didn't attend the hearing and the constable posted the property rather than personal service (which is the way they all do it here). My understanding is one of those two criteria must be met in order to garnish wages. --72.70.xxx.xx
Attn PA LL's (by Ray-N-Pa [PA]) Posted on: Feb 15, 2019 5:18 AM
That would be correct.
There is an obscure third way, if the service was not personal but the person getting evicted attends the hearing anyway, then service is assumed by the judge.
If the dollar amount is large enough, going to small claims court might be worth wild, but they would have to be collectible and the dollar amount would have to significant.
Screening upfront is your primary defense.
Letting someone know they can't live there for free - via doing the knock and talk while serving the POQ notice. If you have to file to get rid of them, NO ONE is going to win. You loose time and they get an eviction that will stay with them......so if they can't pay and they can't get caught up ask them what they need to leave tomorrow. Don't wait for next week, the weekend is now. Let them know they don't get punished for cooperating with you.
Now I understand that some will will argue with this approach and say go after the money. I have received es after I have pushed someone too far. The amount of damage they do is far greater than the money collected, so I would ask all to use common sense and sound judgement. Every case is different. Waiting to get cash from someone who is dead broke due to gambling or drugs, is going to be a long wait while not getting paid
Attn PA LL's (by Nicole [PA]) Posted on: Feb 19, 2019 5:45 AM
I have still been churning on this one as I really want to do it ...thinking of the downfalls (which is actually cash out of my pocket).
I know when they do the levy if the person refuses to allow them in, they leave, go back and get a "break and enter" order so the sheriff can go inside to inventory... I'm guessing that doesn't mean they kick the door in but they have a locksmith go with them ... more $$$ out of pocket.
So on the date of sale if they refuse to open the door or they aren't there, then what happens? I've got 2 guys on stand by (meaning paying them) to empty out a place that can't be auctioned that day. More $$$ to get a new order and reschedule.
Still churning this one around ... I want to do it once to try and this situation is a good test case. She lives in a complex in the suburbs. Her mother is middle class so she may (or may not, who knows) bail her out. Single mother so not big burly tenant to cause real grief.
Sad little extra part is her son is in one of my grandson's class at school... that wouldn't stop me but sad. --72.70.xxx.xx
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