How Long May a Civil Judgment Be Enforced in Pennsylvania?
Full Question:
Answer:
Typically, there is a five year period to enforce a judgment in PA, however, this period may be renewed (revived) if renewed prior to the expiration of the five-year period.
Please see the following PA Rules of Civil Procedure:
RULE 3023. JUDGMENT. LIEN. DURATION
(a) Except as provided by subdivision (b), a judgment when entered in
the judgment index shall create a lien on real property located in the
county, title to which at the time of entry is recorded in the name of
the person against whom the judgment is entered.
Note: See Rule 3001 et seq. for the transfer of a judgment to another
county.
See Rule 3027 for the lien of the writ of revival or of the agreement
to revive and Rule 3031.1 for the lien of a judgment of revival.
(b) A judgment upon a verdict or an order when entered in the judgment
index, shall
(1) continue the lien upon real property located in the county which is
subject to the lien of the verdict or order upon which the judgment is
entered, and
Note: The lien of a verdict or order dates from the time the verdict or
order is entered in the judgment index. See Rule 3022(a).
(2) create a lien upon all other real property located in the county,
title to which at the time of entry in the judgment index is recorded in
the name of the person against whom the judgment is entered.
(c) The lien shall continue for five years from the date the judgment
was entered in the judgment index unless the judgment is sooner
discharged or the lien is sooner revived.
Note: A judgment lien may be revived in the manner provided by Rule
3025 et seq.
Adopted Dec. 19, 2003, effective July 1, 2004; Nov. 2, 2007, effective
Jan. 1, 2008.
RULE 3027. WRIT OF REVIVAL. ENTRY. LIEN
(a) Upon issuance of the writ of revival or the filing of an agreement
to revive, the prothonotary shall enter it in the judgment index against
each defendant and terre-tenant named therein.
(b) The writ or agreement, when entered in the judgment index, shall
(1) continue the lien upon real property located in the county which is
subject to the lien of the judgment which is sought to be revived,
(2) create a lien upon all other real property located in the county,
title to which at the time of entry in the judgment index is recorded in
the name of the defendant, and
Note: The lien attaches whether or not the real property was owned by
the defendant at the time the original judgment was entered in the
judgment index or the lien of the judgment was previously revived and
whether or not the lien of the judgment had been lost as to the
property.
The priority of the lien is preserved only if the praecipe or the
agreement is filed within the five-year period prescribed by these
rules.
(3) create a lien upon all other real property located in the county,
title to which at the time of entry in the judgment index is recorded in
the name of a terre-tenant, and which was subject to the lien of the
judgment sought to be revived but the lien lapsed prior to the entry of
the writ or agreement in the judgment index.
(c) The lien of a writ of revival or of an agreement to revive shall
continue for a period of five years from the date on which the writ or
agreement was entered in the judgment index.
RULE 3101.1. PROPERTY SUBJECT TO EXECUTION. EXECUTION WITHIN AND AFTER
FIVE YEARS
(a)(1) Execution may issue within five years after entry of the
judgment sought to be enforced or any judgment of revival or agreement to
revive, against
(i) real property which is subject to the lien of the judgment, and
(ii) real property, title to which at the time of the entry of the writ
of execution in the judgment index is recorded in the name of the person
against whom the judgment is entered.
(2) If more than five years have expired since the entry of the
judgment or of the last preceding judgment of revival or agreement to
revive, no execution against real property may issue until a writ of
revival shall have issued and been reduced to judgment or an agreement to
revive entered. The execution shall issue on the judgment or agreement so
entered and not on the original judgment.
(b) Execution may issue against personal property within the time
allowed by law.
Note: Subdivisions (a)(1) and (2) continue the practice under Section 7
of the Act of July 3, 1947, P.L. 1234, 12 P.S. § 883 (repealed) relating
to property subject to execution and execution after five years.
For the applicable law under subdivision (b), see Section 5529(a) of
the Judicial Code, 42 Pa.C.S. § 5529(a) (twenty-year limitation to issue
execution upon personal property). See also Shearer v. Naftzinger,
747 A.2d 859 (Pa. 2000).
A proceeding to revive a judgment lien is not relevant to an execution
upon personal property.
Adopted Dec. 19, 2003, effective July 1, 2004.