Can a Collection Agency Sheriff Sell Your Personal Property in Pennsylvania?

It's important to understand the debt and collection laws you're subject to, as well as the rights that you have. While debt collection is always stressful, knowing your options will help you negotiate the process more easily and anticipate whether a levy or garnishment is likely. You should consult an attorney experienced in this area of law, but even then knowing what's coming and what actions you can take can make a difference.

Judgments

The first step in the process is a lawsuit in which the creditor takes you to court. At that point the court will hear from both of you and come to a judgment. Without this initial judgment against you, debt collection practices are limited. For any further action, such a levying of property or garnishment of wages, to proceed, a judgment must first be found in the creditor's favor.

Garnishment

Garnishment is prohibited in Pennsylvania, although certain exceptions exist. For instance, if your employer's headquarters is in another state, that state may allow the garnishment of your wages. Garnishment may also occur if you owe child support. However, a garnishment cannot happen without a court order, which first requires a judgment in favor of your creditors. Because of Pennsylvania's prohibition of wage garnishment, sheriff levy and sheriff sales are the bigger concerns.

Levies

The levying and sale of property is permissible in Pennsylvania. A judgment rendered against you and a court order issued can result in a county sheriff coming to your home to take an inventory of your belongings. The sheriff will then hold a sale of your personal property and the proceeds will go toward paying the debt. The levy is not a sale, but it indicates that a sale will take place. This can also include the sale of a home, but this requires a foreclosure judgment entered against you.

Repossessing Vehicles

The Pennsylvania Motor Vehicle Sales Finance Act, or MVSFA, allows a creditor to repossess a vehicle without any judicial process as long as the creditor can repossess without disturbing the peace. If a creditor possesses the title of the vehicle for at least 15 days in the county of repossession, the creditor is legally able to take the vehicle. The creditor must deliver a "Notice of Repossession" upon repossession. Once the creditor has the vehicle, the creditor can sell or dispose of it in any manner considered "commercially reasonable." If the car sells, the creditor must give you reasonable notification of the time and place of the sale through certified or registered mail.