§ 8128. Transfer of claim to avoid policy of Commonwealth.

285 words·~1 min read·/pa/title-42/chapter-81/8128

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

(a)General rule.-- It shall be unlawful for any creditor or obligee to commence an action on or to transfer any claim against a resident of this Commonwealth for the purpose of having such claim collected by proceedings in a forum which accords such resident less favorable exemptions from attachment or execution than are accorded by this Commonwealth, or for the purpose of depriving such resident of the right to have his personal earnings while in the hands of his employer exempt from application to the payment of his debts.

(b)Remedy.-- In addition to remedy by injunction or otherwise, a resident of this Commonwealth who is aggrieved by any action by a creditor or obligee in violation of subsection

(a)shall have a right of action against the creditor or obligee for treble the amount recovered from such resident in violation of this section and reasonable counsel fees. The transfer of any claim against the resident and the commencement of any action thereon outside this Commonwealth shall be prima facie evidence of a purpose to violate the provisions of subsection (a).

(c)Application to Title 15.-- The provisions of this section shall also apply to the limitations set forth in 15 Pa.C.S. § 1929.1 (relating to limitations on asbestos-related liabilities relating to certain mergers or consolidations).

42c8128v

(Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; Dec. 17, 2001, P.L.904, No.101, eff. imd.)

42c8141h

SUBCHAPTER C

PRIORITY OF LIENS

Sec.

8141. Time from which liens have priority.

8142. Endorsement of time.

8143. Open-end mortgages.

8144. Mortgages to secure certain advances.

Enactment. Subchapter C was added April 28, 1978, P.L.202, No.53, effective in 60 days.

42c8141s