Praecipe For Writ Of Execution - Money Judgments
Praecipe For Writ Of Execution - Money Judgments Form. This is a Pennsylvania form and can be use in Montgomery Local County.
Tags: Praecipe For Writ Of Execution - Money Judgments, Pennsylvania Local County, Montgomery
IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA Civil Division : Plaintiff VS : Defendant NO. : PRAECIPE FOR WRIT OF EXECUTION – MONEY JUDGMENT To the Prothonotary: Issue writ of execution in the above matter, (1) Direct to the Sheriff of ____________________________County: (2) against _______________________________________________________Defendant: and (Name of Defendant) (3) against _______________________________________________________Garnishee(s): (Name and address of Garnishee) (4) And index this writ (a) against ____________________________________________________, Defendant, and (Name of Defendant) (b) against ____________________________________________________, as garnishee, (Name of Garnishee) as a Lis Pendens against real property of the defendant in name of garnishee as follows: ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ (If space insufficient, attach extra sheets) (5) Amount due $__________ Interest from __________ $__________ Costs to be added $__________ ______________________________ Signature of Attorney ______________________________ Print Name ______________________________ Print Address ______________________________ ______________________________ (03/10) Phone Number American LegalNet, Inc. www.FormsWorkFlow.com IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA Civil Division : Plaintiff VS : Defendant NO. : WRIT OF EXECUTION NOTICE This paper is a Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay for the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. The law provides that certain property cannot be taken. Such property is said to be exempt. There is a debtor’s exemption of $300. There are other exemptions which may be applicable to you. Attached is a summary of some of the major exemptions. You may have other exemptions or other rights. If you have an exemption, you should do the following promptly: (1) Fill out the attached claim form and demand for a prompt hearing. (2) Deliver the form or mail it to the Sheriff’s Office at the address noted. You should come to court ready to explain your exemption. If you do not come to court and prove your exemption, you may lose some of your property. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS OR AT A REDUCED FEE OR NO FEE. LAWYER REFERENCE SERVICE 100 West Airy Street PO Box 268 Norristown, PA 19404-0268 (610) 279-9660 (03/10) American LegalNet, Inc. www.FormsWorkFlow.com IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA Civil Division : Plaintiff VS : Defendant NO. : WRIT OF EXECUTION Commonwealth of Pennsylvania, County of Montgomery To the Sheriff of ___________________________ County: To satisfy the judgment, interest and costs against ____________________________________________, defendant (Name of Defendant) (1) you are directed to levy upon the property of the defendant and to sell the defendant’s interest therein; (2) you are also directed to attach the property of the defendant not levied upon in the possession of _________________________________________, as garnishee, (Name of Garnishee) _________________________________________________________________________________________ (Specifically describe property) and to notify the garnishee that (a) an attachment has been issued: (b) except as provided in paragraph (c), the garnishee is enjoined from paying any debt to or for the account of the defendant and from delivering any property of the defendant or otherwise disposing thereof: (c) the attachment shall not include any funds in an account of the defendant with a bank or other financial institution (i) in which funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law, or (ii) that total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as determined by the execution officer. The funds shall be set aside pursuant to the defendant’s general exemption provided in 42PA.C.S. § 8123 (3) if property of the defendant not levied upon and subject to attachment if found in the possession of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. COSTS: Amount due Interest from _________ Attorney’s fees (Costs to be added) Prothonotary: $___________ Sheriff: Date: $___________ ___________ ________________________________ Prothonotary By: ________________________________ Clerk Seal (03/10) $_____________ $_____________ $_____________ $_____________ Page 1 of 2 American LegalNet, Inc. www.FormsWorkFlow.com MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300 statutory exemption 2. Bibles, school books, sewing machines, uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law (03/10) Page 2 of 2 American LegalNet, Inc. www.FormsWorkFlow.com IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA Civil Division : Plaintiff VS : Defendant NO. : CLAIM FOR EXEMPTION To the Sheriff: I, the above-named defendant, claim exemption of property from levy or attachment: (1) From my personal property in my possession which has been levied upon, (a) I desire that my $300 statutory exemption be (i) set aside in kind (specific property to be set aside in kind): _________________________________________________________ (ii) paid in cash following the sale of property levied upon; or (b) I claim the following exemption (specify property and basis of exemption)” _____________________________________________________________ (2) From my property which is in the possession of a third party, I claim the following exemptions: ____________________________________________________________ (a) my $300 statutory exemption: in cash; in kind (specify property): _____________________________________________________________ (b) other (specific amount and basis of exemption): _______________________ ______________________________________________________________ (03/10) Page 1 of 2 American LegalNet, Inc. www.FormsWorkFlow.com CLAIM FOR EXEMPTION (continued) I request a prompt court hearing to determine the exemption. Notice of the hearing should be given to me at _________________________________________________________ (Address), ___________________________ (Telephone number). I verify that the statements made in this Claim for Exemption are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.CS. § 4904 relating to unsworn falsification to authorities. Date: ______________ ______________________________ (Defendant) THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF OF MONTGOMERY COUNTY COURTHOUSE PO BOX 311 NORRISTOWN, PA 19404-0311 610-278-3331 (03/10) Page 2 of 2 American LegalNet, Inc. www.FormsWorkFlow.com