First of all, you need to establish the basis of the debt. Was there a promissory note (or an IOU) signed? If there was not, was there an oral promise to pay which you can prove? Was there an "account" (like a charge account at a business or a deferred payment arrangement with a trade like an electrician or plumber) which the person regularly paid? Did you do work for the person on a residence which may entitle you to file a mechanics lein on his property?
Next step is to file a civil action (what used to be called an "assumpsit" action in Small Claims Court). In Pennsylvania, the jurisdictional amount is up to $10,000. The defendant will be served, either by certified mail or by a constable (or other person who serves legal papers).
At the time of the hearing, you will be required to prove the amount of the debt. The required proof will be the promissory note, IOU, statements of witnesses, or business records. If the defendant does not show up for the hearing, the judge or magistrate will enter a judgement for you the plaintiff. After a given length of time, the judgment can be recorded as a lein in the county courthouse. However, note that the defendant may take an appeal to the court of common pleas (county court), which will require a de novo hearing on the matter.
I have not addressed the issue of mechanics leins in this answer other than to indicate that there is a separate procedure for placing a mechanics lein.
The best advice I can give you is to turn the matter over to an attorney. He may be able to write a letter to the individual and have them pay the obligation without even having to file suit and get a lein.
2007-04-13 09:44:57
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answer #1
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answered by Mark 7
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First of all liens are placed on property not people. And if you want to put a lien on someone's property you have to get a favorable judgment from the court saying the person actually owes you the money which means you first have to file a complaint with the court.
2007-04-13 08:56:02
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answer #2
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answered by Anonymous
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nicely you may get a lean on any taxes state and federal if owed money.yet while hes working decrease than the table he would not record taxes with the gov so as that they've not have been given any knowlege of ways plenty he actualy makes. I pay new child suport with the aid of my business enterprise they only deduct it from my verify,if he had a verify the courtroom could order his business enterprise to take what he owes out of his verify. If he actualy filed taxes then sure you have gotten the courtroom order that if he doesnt pay out of verify that they're going to intercept his taxes.
2016-10-22 02:13:24
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answer #3
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answered by ? 4
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Not an individual no, property yes. Depends on where you are, where I live it costs $15 at the county clerks office no trial or anything.
2007-04-13 09:21:43
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answer #4
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answered by vspin1 1
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No. Debtors prison and involuntary servitude were abolished long ago.
2007-04-13 08:56:29
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answer #5
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answered by Anonymous
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small claims court is what you need to do.
2007-04-13 08:52:49
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answer #6
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answered by Anonymous
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Yes, you can, for goods and services you provided.
2007-04-13 08:52:54
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answer #7
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answered by WC 7
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