Is There Any Way I Can Prevent the Eviction?
Possession Granted Unless Money Judgment Satisfied (“Pay and Stay”)
If a judgment is for Possession Granted if Money Judgment Not Satisfied (known as “pay and stay”) and the money owed is paid in full anytime prior to the eviction date, the tenant will be able to avoid an eviction and remain in the home. If the landlord is paid in full, including judgment costs, within ten days of the judgment, no eviction will be scheduled. If the tenant does not pay within ten days, the landlord may request an Order for Possession. An eviction date will be scheduled ten days after the Order of Possession is posted on the tenant’s door by a Constable. Up to and including that date, you can pay the judgment in full to avoid the eviction.
If you pay before the eviction date, you should make arrangements with the landlord and the Constable and keep a receipt for proof of payment. If you plan to pay on the date of the eviction, you will have to pay the Constable directly. Make sure you have the money owed in cash; if you try to pay by check, the Constable will not take the money and the eviction will proceed as scheduled.
What happens if the Judgment is Possession Granted or I Can’t Pay a Money Judgment Against Me Before the Eviction?
If the judgment is for Possession Granted, you will have to leave the home on the scheduled eviction date even if you pay all monies owed in full. In these cases, whether or not you have the money to pay does not make a difference. If you disagree with the decision and want to stay in the apartment, you must file an appeal to the Court of Common Pleas within ten days of the judgment date and post the appropriate bond. See Appeal of District Judge’s Judgment below.
If you are not planning to appeal, you should make plans to move out as soon as possible. If you can’t physically be out before the scheduled eviction date, then at least move all your belongings out of the rental unit. Remember, you will only have minutes to vacate when the Constable arrives. The fewer things you have to gather, the easier it will be for you to leave.
If you leave the home before the scheduled eviction date, make sure you contact the landlord to let them know the apartment will be vacant and return the keys.
Order of Possession
This action can be taken by the landlord to seize your apartment. After the 10-day appeal period has passed, the landlord can file for an Order of Possession. This Order requires the tenant to vacate the home within 10 days of the date of service by the constable. Service will be either by hand delivery or by posting on your door if nobody is home to receive the notice. If the tenant does not vacate, the Constable will come to the home with the landlord on the eleventh day and forcibly evict the tenant. If the Constable comes to evict, he will only give the tenant about 15 minutes to get out of the apartment.
What happens if the Landlord gets an Order of Possession but a Constable Never Comes to Evict Me?
Sometimes, a landlord will get an Order of Possession against a tenant, but, for some reason, will not execute on this order. This means that the Constable is never notified to come and make you move. Generally, this happens when the landlord and tenant work out some kind of payment agreement for the money owed. If you receive a judgment against you and then work out a payment arrangement with the landlord, you should
- make sure the payment agreement is in writing ;and,
- make sure that the landlord agrees to withdraw the order.
A landlord may request the re-issuance of an Order of Possession. The request generally must be made within 120 days of the judgment date.
Appeal Of The MDJ ’s Judgment
If you want to appeal a judgment and remain in the apartment, you must do so within 10 days after the judgment date. All appeals must be filed in the Prothonotary ’s office in the county courthouse on forms you can get from the MDJ or the Prothonotary .
If you follow the correct procedures, you will be granted a supersedeas , which allows you to remain in your apartment during the appeal. In order to receive the supersedeas , you must pay a filing fee as well as a certain amount of money as bond. This bond is either three (3) months rent, or the judgment amount, whichever is less. If you are low-income, you may petition the court to waive the filing fees, but you may still have to pay a certain amount of money as bond to remain in your apartment.
Also, you must continue to pay the rent each month to the Prothonotary ’s office of the local county Court of Common Pleas where you filed the appeal. An appeal is a complicated legal action that requires you to file legal papers. If you do not follow the correct procedures, your landlord may be able to proceed with the eviction despite your appeal. You should contactNPLS or a private attorney for advice before filing an appeal.
If you do not wish to remain in the apartment and want to appeal the money judgment only, you will have 30 days to file an appeal at the local county Court of Common Pleas . This procedure also requires a filing fee, but is somewhat a simpler process than if you want to stay in the apartment during the appeal period. If you plan to file this appeal, you should contact NPLS or a private attorney for advice. See “Finding a Lawyer” in the Knowledge Base).
What Happens If There Is A Judgment Against Me?
A judgment will stay on your record until you pay it in full. It can affect your credit rating, as well as your ability to obtain private or subsidized housing. It is a good idea to pay a judgment as soon as possible to avoid any future problems. If you can’t pay the judgment in full, you can arrange a payment agreement with the Magistrate’s office.
Can the Landlord Sell My Belongings?
If you have a judgment against you that you don’t pay, the landlord has the right to file for a levy on your property by requesting an Order of Execution. This allows the landlord to collect his money through a sale of your personal property. This order can be requested 30 days after the judgment date or anytime after that. It can be reissued repeatedly within 5 years of the judgment date.
The constable will serve you a copy of the Order and make a list of your property to be sold (levy). Once you receive this notice, you are not allowed to sell the personal property, as it must be available to satisfy the levy. The constable will then schedule a sale of your property and give you notice of the date.
Can I Stop the Sale of My Belongings?
You can stop or put off a sale in several ways. You can file an appeal or objection to the levy (sale of your property). You can also file a “Claim for Exemption” at the Magistrate office. The law allows you to keep, as exempt, up to $300 worth of property, or you can take $300 in cash from the proceeds of the sale instead. If you think all the property the landlord wants to sell is equal to or less than $300, the sale will be canceled and there will be a hearing by the District Judge to determine the value of your property. If the District Judge decides your property is worth more than $300, the sale will be rescheduled. (The $300 exemption is for an individual; $600 for a married couple)
You can also stop the sale by paying the full amount of the judgment. You should make payment through the constable or MDJ office, not directly to the landlord. Also, you may consider filing for bankruptcy. You will need to consult with an attorney about this option. It may or may not be a good alternative for you. If you receive an Order of Execution, you should callNPLS or a private attorney to discuss your options. See “Finding a Lawyer” in the Knowledgee Base).
Can the Landlord Attach My Wages from Employment to Satisfy the Money Judgment Against Me?
Yes. The landlord can file in court to have your wages attached to pay the judgment. This is a serious action. You should receive notice of this action that allows the landlord to take money directly out of your paycheck to satisfy the judgment. The landlord must follow all applicable state and local rules for wage attachment. The wage attachment may not be for more than 10% of your wages, and the attachment must not cause your income to fall below certain poverty guidelines. If you receive notice of a wage attachment, you should call NPLS or a private attorney for advice.
