A judgment was handed down and a friend owes this viewer money. But how can he get it back? Attorneys Greg Fellerman and Ed Ciarimboli offer options on what to do next.
Dave Kuharchik: There’s a dispute between money amongst friends. We’ll talk about that today in “The Law & You.” We hear about these things often.
Ed Ciarimboli: It never ends well.
Dave: Attorneys Greg Fellerman and Ed Ciarimboli are here. I think your advice is going to be, “Don’t do it in the first place.” Right?
Ed: Don’t do it in the first place. We have never had someone who sent a question in saying, “I loaned somebody money and it went terrific.”
Dave: So, for some viewer it’s too late so let’s find out what can be done now. And this is a question from Kevin from McAdoo. He says, “I have a judgment against a friend that didn’t pay back money I loaned him.” So what does Kevin do now?
Ed: Yeah so now you have to execute on the judgment. And it’s very, very, very time consuming and it’s a very difficult process. You have to file what’s called a Rit of Execution. And then the sheriff has to actually go and then executing on any assets this individual may have. Those assets have to be owned individually, not jointly. If the individual is married, that presents another issue altogether. You can execute on bank accounts, you can execute on personal property. There are all kinds of things you can do. But it is a very time-consuming process that you are going to have to go through. And then, ultimately, on any personal assets, there’s going to have to be a sheriff sale to liquidate those assets. So, that’s the scoop.
Greg Fellerman: And the thing about a judgment that a lot of people don’t know is that — I’m 95 percent sure that — that judgment has to be perfected every five years. You have to refile that judgment in the Prothonotary’s Office to make sure that it’s good. So, just cause you got one 10 years ago doesn’t mean it’s still good. So I believe that there’s a renewal on these judgments that have to occur. So, what Ed said, executing, collecting, getting the judgment, it’s a big, time-consuming process. Make sure it’s worth your time and effort.
Ed: And it’s expensive.
Ed: And it’s not something we do, but there are lawyers who actually specialize in doing executions. So, if you really want to go that route, give us a call. We can certainly refer you to one of those lawyers because this is not something you can do without the assistance of a legal professional.
Greg: And if you miss one thing, it will all fall apart.
Dave: Number and website at the bottom of your screen. Results matter. Attorneys Greg Fellerman and Ed Ciarimboli, have a good night.
Ed: Thanks, Dave.
The Law & You is a nightly feature on channels WBRE-TV 28 and WYOU-TV 22 where the attorneys from Fellerman & Ciarimboli answer legal questions. If you have a question that you want answered by the Law & You attorneys, please submit the form on this page or call the hotline at 1-888-570-HURT.