Pennsylvania Fair Debt Consumer Guide
Learn about your legal rights when facing Debt Collector Problems. Research the applicable laws that could help protect you when a debt collector is attempting to seize your assets, garnish your wages or continue collection of a debt that is outside Pennsylvania's Statutes Of Limitations. Pennsylvania phone recording laws could assist you in gathering proof of the debt collector's illegal tactics; find out whether recording your debt collector's phone conversation is permitted in your state.
The Pennsylvania Fair Debt Collection Consumer Practices Guide summarizes Pennsylvania's laws on wage garnishment, property and asset seizures and state statutes of limitations on debt collection and could provide the ammunition you need to stop or limit creditors and collectors from harassing you, garnishing your wages or bank accounts, and from seizing your property through liens, thus limiting your overall financial exposure.
This Guide does not include information concerning the FTC's Credit Practices Rule, state consumer protection laws or information regarding exemption provisions found in laws other than the state's general exemption laws and is not intended to substitute for the advice of an attorney.
Pennsylvania Consumer Debt Exemption Laws
If a debt collector threatens to seize your property or your assets, you could be protected under Pennsylvania’s Consumer Debt Exemption Laws. Read the summarized information below to learn how to protect what you own and what you cannot protect from seizure. You could significantly strengthen your bargaining position with debt collectors by knowing your rights under Pennsylvania Debt Exemption Law!
Pennsylvania Statutes
The State of Pennsylvania has not opted out of federal bankruptcy exemption.
Wages: 23 Pennsylvania Constitution Statutes Annotated § 3703; 42 Pennsylvania Constitution Statutes Annotated § 8127.
Tangible personal properly: 42 Pennsylvania Constitution Statutes Annotated §§ 8123, 8124, 8125, and 8127.
Benefits, retirement plans, insurance, judgments, and other intangibles:
42 Pennsylvania Constitution Statutes Annotated §§ 8123, 8124, 8125, and 8127.
Pennsylvania Debt Statutes of Limitation
Your debt may have expired under Pennsylvania’s Statutes of Limitations, and may be considered uncollectible. Read the summary below to see the length of time certain types of debt can continue to be collected under the Pennsylvania Debt Statutes of Limitations, don’t let a collector threaten to take you to court over an expired debt.
Pennsylvania Debt Statutes of Limitations
Contracts: 4 years, (used to be six).
Contracts under seal: 20 years.
Sale of goods under UCC: 4 years.
Negotiable instruments: 6 years (13 PA C.S.A. .§3118).
Pennsylvania Wage Garnishment Procedural Requirements
Wage garnishment doesn’t mean a debt collector or creditor is entitled to take all your money. Under Pennsylvania’s Wage Garnishment Laws, there are limits and protections on just how much can be taken from your paycheck.
Read the summary below to learn your garnishment rights under Pennsylvania law.
Pennsylvania Wage Garnishment Procedural Requirements
A judgment shall be enforced by a writ of execution. Upon issuance of the writ the prothonotary shall transmit it directly to the sheriff to whom it is directed or upon
plaintiff's request deliver it to the plaintiff or his representative for transmittal. Pa. R. Civil. P. 3103. Service of the writ shall be made by the sheriff in the case of tangible personal property, by levy thereon or, if the property is in possession of a third person who prevents a levy or fails to make property of the defendant in his possession available to the sheriff for levy, by serving him as garnishee. Upon levy or attachment, the sheriff shall mail a copy of the writ to the execution defendant at his last known address. The plaintiff shall provide the sheriff with copies of the writ and envelopes for mailing properly stamped and addressed. The sheriff shall note in his return the mailing of the writ and the date thereon. Pa. R. Civil. P. 3108.
The writ shall be served by the sheriff upon the garnishee in the manner prescribed by Rule 402(a). The sheriff shall furnish the garnishee with an additional copy of the writ for each defendant. Service of the writ upon the garnishee shall attach all property of the defendant which may be attached under the Rules of Civil Procedure which is in the possession of the garnishee. It shall also attach all property of the defendant which comes into the garnishee's possession thereafter until judgment against him even though no such property of the defendant was in his possession at the time of service. Service of the writ shall also subject him to the mandate and injunctive orders of the writ restraining him from paying any debt to or for the account of the defendant and from delivering any property to the defendant which may be attached under the Rules of Civil Procedure to anyone except the sheriff or otherwise disposing thereof until further order of the court or discontinuance or termination of the attachment. Pa. R. Civil. P. 3111.
Plaintiff at any time after judgment, before or after the issuance of a writ of execution, may, for the purpose of discovery of assets of the defendant, take the testimony of any person, including a defendant or a garnishee, upon oral examination or written interrogatories as provided by the rules relating to Deposition and Discovery. The prothonotary of the county in which judgment has been entered or of the county within this Commonwealth where the deposition is to be taken, shall issue a subpoena to testify. All reasonable expenses in connection with the discovery may be taxed against the defendant as costs if it is ascertained by the discovery proceeding that he has property liable to execution. Pa. R. Civil. P. 3117.
The plaintiff shall pay to the sheriff all costs, charges and expenses incident to the execution, the maintenance of the lien of the execution and the preservation of the property. These items shall be deemed taxable costs for refund to the plaintiff from the proceeds of any sale, except that the plaintiff shall not be entitled to recover the costs in connection with writs determined by the court to be unnecessary and oppressive. Pa. R. Civil. P. 3138.
The plaintiff may, at the time of issuance of the writ or thereafter, file and serve interrogatories directed to the garnishee respecting property of the defendant in his possession. The plaintiff may require the garnishee to include in his answer, so far as relevant, the names and addresses of persons taking part in any transaction, the specific amount of any debt, the value and location of any property and the nature and amount of consideration given for any transfer of property. The interrogatories shall contain a notice to answer within twenty days after service. Pa. R. Civil. P. 3144.
Interest Rate at which Judgments Accrue Legal rate of interest is six per cent per annum. Pa. Statute. Ann. tit. 41, _ 201. A judgment for a specific sum of money shall bear interest at the lawful rate from the date of the verdict or award, or from the date of the judgment, if the judgment is not entered upon a verdict or award. 42 Pa. Cons. Statute. Ann. _ 8101. Applicable Forms Pa. R. Civil. P. 3252. Pa. R. Civil. P. 3253
Pennsylvania (Debt Collector) Call Recording Law
Under Pennsylvania State and Federal Call Recording Laws, you could record the actual phone conversation with a debt collector in your efforts to stop debt collectors from calling! Pennsylvania is a two party consent state, meaning you need the permission of all parties that are on the call to record the conversation. Thus you DO need a debt collector’s permission before you can record your phone conversation with him (or her) in the state of Pennsylvania.
Research and find additional information about Federal Call Recording Laws and learn what call recording procedures are legal in other states.
