Praecipe for Notice of Intent to Attach Wages – Pennsylvania
This form, Praecipe for Notice of Intent to Attach Wages, is used in the Court of Common Pleas of Lehigh County, Pennsylvania, within the Civil Division, for initiating the process of wage attachment against a defendant who owes a judgment to a landlord. This form ensures that the legal process of wage attachment is initiated correctly and that all necessary information and documentation are provided to the court.
This guide will assist you in correctly completing this form for the Court of Common Pleas of Lehigh County, Pennsylvania. Follow these step-by-step instructions:
- Court Information
- Court Name: At the top of the form, ensure “IN THE COURT OF COMMON PLEAS OF LEHIGH COUNTY, PENNSYLVANIA” is correctly indicated.
- Civil Division: Ensure it is noted that this is in the Civil Division.
- Case Information
- File Number: Enter the court-assigned file number for your case in the space provided.
- Plaintiff and Defendant
- Plaintiff Name: Write the full name of the plaintiff (judgment creditor) in the “Plaintiff” section.
- Defendant Name: Write the full name of the defendant (judgment debtor) in the “Defendant” section.
- Praecipe Details
- To the Clerk of Judicial Records – Civil Division: This section is a directive to the clerk. No information needs to be added here other than ensuring the directive is clear.
- Defendant’s Name: Enter the full name of the defendant against whom the wage attachment is sought.
- Employer’s Name: Enter the full name of the defendant’s employer.
- Attorney Information
- Date: Write the date on which you are completing this form.
- Attorney’s Name: If represented, the attorney for the judgment creditor-landlord should sign here. If the creditor is unrepresented, the judgment creditor should sign.
- Address and Telephone Number: Provide the complete address and telephone number of the attorney or the judgment creditor.
- Certification by Judgment Creditor – Landlord
- Plaintiff Information
- Name: Enter the name of the plaintiff judgment-creditor.
- Address: Enter the address of the plaintiff judgment-creditor.
- Defendant Information
- Name: Enter the name of the defendant judgment-debtor.
- Address: Enter the address of the defendant judgment-debtor.
- Employer Information
- Name: Enter the name of the employer garnishee.
- Address: Enter the address of the employer garnishee.
- Judgment Details
- Amount of Judgment: Enter the total amount of the judgment.
- Security Deposit:
- Amount: Specify the amount of the security deposit held.
- Application: Check whether the security deposit has been applied to rent or not.
- Payments: Enter any amount that has been paid towards the satisfaction of the judgment (excluding the security deposit).
- Timeliness
- Confirm that the praecipe is being filed within five years of the date of the original judgment.
- Judgment Entry
- Indicate where the judgment was entered by checking the appropriate box (civil action in a court of common pleas, action before a magisterial district judge, or action in the Philadelphia Municipal Court).
- Required Documentation
- Attach necessary documents based on where and how the judgment was entered:
- Magisterial District Judge: Attach a copy of the complaint.
- Philadelphia Municipal Court: Attach a copy of the complaint showing the action arose from a residential lease and indicate service details.
- Attach necessary documents based on where and how the judgment was entered:
- Plaintiff Information
- Certification and Signature
- True Statements Certification: By signing this form, you certify that all statements made are true and correct to the best of your knowledge.
- Date and Signature: Enter the date and sign the form as the judgment creditor-landlord.
Additional Tips
- Double-check: Ensure all information is accurate and complete.
- Attach Documents: Make sure to attach all required documents as specified in the form.
- Clarity: Write clearly and legibly to avoid any processing delays.
- Legal Advice: If you are unsure about any part of the form, consider seeking legal advice.
By following these instructions, you will be able to accurately complete the “Praecipe for Notice of Intent to Attach Wages” form and ensure that it is processed without issues.
Disclaimer: This guide is provided for informational purposes only and is not intended as legal advice. You should consult the Residential Tenancies Act or a legal professional.