§ 5107. Remedies of creditor.

289 words·~1 min read·/pa/title-12/chapter-51/5107

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Available remedies.-- In an action for relief against a transfer or obligation under this chapter, a creditor, subject to the limitations in sections 5108 (relating to defenses, liability and protection of transferee or obligee) and 5109 (relating to extinguishment of claim for relief), may obtain:

(1)Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim.

(2)An attachment or other provisional remedy against the asset transferred or other property of the transferee if available under applicable law.

(3)Subject to applicable principles of equity and in accordance with applicable rules of civil procedure:

(i)an injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property;

(ii)appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or

(iii)any other relief the circumstances may require.

(b)Execution.-- If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, subject to the limitations of sections 5108 and 5109, may levy execution on the asset transferred or its proceeds.

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(Dec. 22, 2017, P.L.1249, No.78, eff. 60 days)

2017 Amendment. See section 7 of Act 78 in the appendix to this title for special provisions relating to applicability.

Saved from Suspension. Pennsylvania Rule of Civil Procedure No. 3159(b)(1), adopted April 20, 1998, provided that section 5107 shall not be deemed suspended or affected by Rules 3101 through 3149 relating to enforcement of money judgments for the payment of money.

Cross References. Section 5107 is referred to in section 5108 of this title; section 368 of Title 15 (Corporations and Unincorporated Associations).

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