Judgment Collection Glossary
Winning a lawsuit is only half the battle — collecting the judgment is the other half. This glossary explains the terms you will encounter when enforcing a court judgment in Pennsylvania.
Abstract of Judgment
A certified summary of a court judgment that can be filed in other counties to create a lien on the debtor's real property in those counties. In Pennsylvania, a judgment entered in Allegheny County only creates a lien on property in Allegheny County — to reach property elsewhere, you must file an abstract of judgment in that county.
Asset Discovery (Post-Judgment)
The process of identifying what assets a judgment debtor owns so you can collect on your judgment. Tools include interrogatories in aid of execution, depositions, and subpoenas to banks and employers. Pennsylvania allows broad post-judgment discovery under Pa.R.C.P. 3117.
Bank Attachment / Bank Levy
A court-ordered freeze and seizure of funds in a judgment debtor's bank account. After obtaining a writ of execution, the sheriff serves the bank with a notice to freeze the account. Certain funds are exempt (see Exemptions). The bank holds the funds pending court proceedings to determine what can be released to the creditor.
Confession of Judgment
A clause in a contract (often a lease or promissory note) that allows the creditor to enter judgment against the debtor without filing a lawsuit or giving notice. Pennsylvania permits confessions of judgment in commercial contracts. They are powerful but can be challenged — the debtor can petition to open or strike the judgment.
Creditor
The person or entity owed money. In the context of judgment collection, the "judgment creditor" is the party who won the lawsuit and holds the court judgment. The judgment creditor has the legal right to use enforcement tools (garnishment, liens, execution) to collect the amount owed.
Debtor
The person or entity that owes money. The "judgment debtor" is the party against whom a court judgment has been entered. The debtor is legally obligated to pay the judgment amount, and the creditor can use various enforcement mechanisms to collect.
Domestication of Judgment
The process of registering a judgment from another state in Pennsylvania (or vice versa) so it can be enforced locally. Under the Uniform Enforcement of Foreign Judgments Act (42 Pa.C.S.A. § 4306), you file an authenticated copy of the foreign judgment with the Prothonotary. Once domesticated, it is enforceable as a Pennsylvania judgment.
Execution
The legal process of enforcing a judgment — actually collecting the money owed. Execution involves obtaining a writ of execution from the Prothonotary and having the sheriff seize the debtor's assets (bank accounts, personal property, real property). Different writs target different types of assets.
Exemptions
Certain assets that Pennsylvania law protects from seizure by creditors. Key exemptions include: $300 in personal property (42 Pa.C.S.A. § 8123 — note: this amount has not been updated since 1978), retirement accounts (ERISA-qualified), Social Security benefits, and certain insurance proceeds. Federal law also exempts veterans' benefits and federal student loan funds from garnishment.
Fraudulent Transfer / Fraudulent Conveyance
When a debtor transfers assets to someone else to avoid paying a judgment. Pennsylvania's Uniform Voidable Transactions Act (12 Pa.C.S.A. § 5101 et seq.) allows creditors to challenge transfers made with intent to defraud or for less than reasonably equivalent value while the debtor was insolvent. If proven, the court can reverse the transfer.
Garnishment (Wage)
A court order directing an employer to withhold part of the judgment debtor's wages and pay them to the creditor. Pennsylvania is more restrictive than most states on wage garnishment — it is generally only allowed for support obligations, taxes, student loans, and certain government debts. Ordinary civil judgment creditors typically cannot garnish wages in PA (with limited exceptions).
Garnishment (Non-Wage)
A process for seizing debtor assets held by a third party — most commonly bank accounts. The creditor obtains a writ of execution and directs the sheriff to serve the garnishee (the bank or other third party). The garnishee must hold the funds and report what assets it holds. Non-wage garnishment is the primary collection tool for civil judgments in PA.
Interest on Judgment
Pennsylvania law allows post-judgment interest at the legal rate of 6% per year (42 Pa.C.S.A. § 8101). Interest accrues from the date the judgment is entered until it is paid in full. The judgment creditor is entitled to collect this interest in addition to the original judgment amount.
Interrogatories in Aid of Execution
Written questions served on a judgment debtor requiring them to disclose their assets, income, bank accounts, real property, and other financial information under oath. This is the most common first step in post-judgment collection. The debtor must respond within 30 days. Failure to respond can result in contempt.
Judgment
The court's official decision that one party owes money to another. A judgment creates a legal obligation to pay and gives the creditor the right to use enforcement tools. In Pennsylvania, a judgment in the Court of Common Pleas automatically creates a lien on the debtor's real property in that county.
Judgment Index
The official record maintained by each county's Prothonotary listing all civil judgments. When a judgment is entered, it is indexed by the debtor's name. Title companies and lenders search the judgment index before real estate transactions, which is how judgment liens effectively prevent debtors from selling or refinancing property without paying.
Judgment Lien
A lien that automatically attaches to the debtor's real property in the county where the judgment is entered. The lien means the debtor cannot sell or refinance the property without paying off (or negotiating a settlement of) the judgment. Judgment liens in Pennsylvania last 5 years and can be revived by filing a praecipe for revival before expiration.
Judgment Proof
An informal term describing a debtor who has no seizable assets — no real property, no bank accounts above exemption limits, no non-exempt personal property. Being "judgment proof" does not make the debt disappear; the judgment remains valid and enforceable if the debtor's financial situation improves.
Levy
The sheriff's act of seizing a debtor's property under a writ of execution. For bank accounts, the levy freezes the funds. For personal property, the sheriff physically takes possession and can sell the property at a sheriff's sale. For real property, the levy leads to a sheriff's sale of the property.
Praecipe to Revive Judgment
A written request filed with the Prothonotary to extend the lien created by a judgment before it expires. In Pennsylvania, judgment liens last 5 years. If not revived, the lien lapses (though the judgment itself remains valid for 20 years). Filing a praecipe to revive within the 5-year window keeps the lien active.
Satisfaction of Judgment
A document filed with the Prothonotary confirming that a judgment has been paid in full. Once filed, the judgment lien is released from the debtor's property. Pennsylvania law requires the judgment creditor to file a satisfaction within 90 days of receiving full payment. Failure to do so can expose the creditor to liability.
Sheriff's Sale
A public auction of a debtor's real or personal property, conducted by the county sheriff to satisfy a judgment. The property is sold to the highest bidder, and the proceeds are applied to the judgment. Real property sheriff's sales in Allegheny County are published in the Pittsburgh Legal Journal and require specific notice to the debtor.
Supplementary Proceedings
Court proceedings initiated by a judgment creditor to compel a judgment debtor to appear and answer questions about their assets under oath. Used when the debtor has failed to respond to interrogatories in aid of execution or when the creditor needs more detailed information. The court can hold the debtor in contempt for non-compliance.
Writ of Execution
A court order (obtained by praecipe from the Prothonotary) directing the sheriff to seize the debtor's assets to satisfy a judgment. Different types target different assets: real property, personal property, or funds held by third parties (bank accounts). The writ is the essential document that starts the actual collection process.
Disclaimer: This glossary provides general legal information about Pennsylvania law and is not legal advice. Reading this page does not create an attorney-client relationship with Rob Cowburn, Esq. or Represent Yourself, LLC. Every legal situation is unique. If you have specific legal questions about your circumstances, contact an attorney for advice.
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