Does anyone have experience with a judgement that was entered in tenant's favor
Rental Property Investor · Allentown PA · Member since 2021 · 159 posts · 36 votes
Hello BP,
Tenant disputed itemized letter of the SD. Last week we had the civil hearing at the MDJ and tenant was awarded partial judgement for about 300 bucks plus court costs. The only information on the judgement states that either party has 30 days if they want to file an appeal. I have never been through this before and I am in the state of PA. I was wondering if anyone had any information or knowledge on when I should pay the tenant and if how can I check if she files an appeal or not? should I wait till it's past the 30 days because what if I pay and then she files an appeal? or does it need to be paid by a certain date? there really isn't any information on this paperwork and I called the courthouse and they were not very helpful.
Thanks!
@Linda Thomas, you should pay before the 30 days. If she appeals and is awarded more, your payment will count towards that.
If you don't pay within 30 days, they can start charging you 6% interest on that amount. In addition, they can take a copy of the judgement to the prothonotary's office and record it creating a general lien on any property you own in that county. So, if you were trying to sell or refinance ANY property in that county (not just the one the tenant lived in) that lien would show up and throw a monkey wrench in the works.
The courthouse will not give legal advice, that is why they were not helpful. They don't want to be liable for giving that kind of assistance.
BTW, this is one reason an LLC is helpful. If you didn't want to or were unable to pay the judgement a lien filed in the LLC's name would not affect your personal residence. If you operate within your own name, then your personal residence could end up with a lien on it.
@Linda Thomas, you should pay before the 30 days. If she appeals and is awarded more, your payment will count towards that.
If you don't pay within 30 days, they can start charging you 6% interest on that amount. In addition, they can take a copy of the judgement to the prothonotary's office and record it creating a general lien on any property you own in that county. So, if you were trying to sell or refinance ANY property in that county (not just the one the tenant lived in) that lien would show up and throw a monkey wrench in the works.
The courthouse will not give legal advice, that is why they were not helpful. They don't want to be liable for giving that kind of assistance.
BTW, this is one reason an LLC is helpful. If you didn't want to or were unable to pay the judgement a lien filed in the LLC's name would not affect your personal residence. If you operate within your own name, then your personal residence could end up with a lien on it.
@Linda Thomas, you should pay before the 30 days. If she appeals and is awarded more, your payment will count towards that.
If you don't pay within 30 days, they can start charging you 6% interest on that amount. In addition, they can take a copy of the judgement to the prothonotary's office and record it creating a general lien on any property you own in that county. So, if you were trying to sell or refinance ANY property in that county (not just the one the tenant lived in) that lien would show up and throw a monkey wrench in the works.
The courthouse will not give legal advice, that is why they were not helpful. They don't want to be liable for giving that kind of assistance.
BTW, this is one reason an LLC is helpful. If you didn't want to or were unable to pay the judgement a lien filed in the LLC's name would not affect your personal residence. If you operate within your own name, then your personal residence could end up with a lien on it.
@Linda Thomas, you should pay before the 30 days. If she appeals and is awarded more, your payment will count towards that.
If you don't pay within 30 days, they can start charging you 6% interest on that amount. In addition, they can take a copy of the judgement to the prothonotary's office and record it creating a general lien on any property you own in that county. So, if you were trying to sell or refinance ANY property in that county (not just the one the tenant lived in) that lien would show up and throw a monkey wrench in the works.
The courthouse will not give legal advice, that is why they were not helpful. They don't want to be liable for giving that kind of assistance.
BTW, this is one reason an LLC is helpful. If you didn't want to or were unable to pay the judgement a lien filed in the LLC's name would not affect your personal residence. If you operate within your own name, then your personal residence could end up with a lien on it.
@Linda Thomas I would just pay the $300. But with that being said I had a real jerk tenant who won a judgement against me during covid. I never received the court date or any paperwork so the judgement was filed and I apparently owe them $4000. I haven't paid it in over 3 years and I have bought and sold a lot of properties in this LLC name. I am not sure I will ever have to pay it. If its $300 I would just pay it.