Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 1605 - Judgment by confession(a) A judgment by confession shall not serve as the basic for a levy, execution or garnishment in any action by a seller, holder or assignee arising out of a retail installment sale, contract or account. To enforce a judgment entered by confession, plaintiff shall file an appropriate proceeding and proceed against defendant as in any original proceeding. A judgment entered by confession may be amended or modified by the court in a proceeding filed for the purpose of enforcing the judgment entered by confession; however, the priority of any lien based on the confessed judgment shall not be affected thereby. The parties to the enforcement proceeding shall have the same rights as parties in other original proceedings.(b) Within sixty (60) days after payment of the full amount due on a judgment entered by confession, plaintiff shall satisfy the judgment and discontinue with the prejudice any proceeding brought for the purpose of enforcing a judgment entered by confession or satisfy any judgment entered in said proceeding. Plaintiff shall not require any act or payment by the defendant to cover the cost of satisfying the judgment. Any such confessed judgment not revived within one (1) year from the date on which the lien of said judgment has lapsed by operation of law shall be considered satisfied and may not thereafter be revived.(c) The prevailing party in any action to remove, suspend or enforce such a judgment entered by confession shall be entitled to recover reasonable attorney's fees and costs as determined by the court.1966, Special Sess. No. 1, Oct. 28, P.L. 55, art. VI, § 605, added 1982, March 25, P.L. 199, No. 68, § 6, imd. effective.