Pennsylvania Magisterial District Court Judgment Execution

You won a money judgment in a Pennsylvania Magisterial District Court, the 30-day appeal window has passed, and the debtor hasn't paid. The next step is filing for execution — but the MDJ system has its own rules, forms, and limitations that differ from the Court of Common Pleas.

Filing the Request for Order of Execution

Execution in the MDJ system starts with MDJS Form 305ABL — the Request for Order of Execution. You file this form with the same MDJ office that entered your judgment, along with the filing fee of $51.50 plus constable mileage costs.

On the form, you'll need to provide:

• The case number, judgment date, and debtor's name
• The amount still owed (original judgment plus interest and costs, minus any payments received)

The request form does not include a property-description field. Many creditors get stuck identifying levyable property; the court clerk cannot provide legal advice, so identify property you believe the debtor owns and coordinate any needed details with the constable.

How Constable Execution Works

Once the MDJ issues the Order for Execution, it's directed to an elected constable. The constable:

1. Visits the debtor's location to identify and inventory the property listed in the order
2. Either physically seizes the items or places them under constructive levy (tagging them and warning the debtor not to remove or sell them)
3. Posts public notices of the sale at least 6 days before the auction
4. Conducts a public sale and applies the proceeds to your judgment

The entire process must be completed within 60 calendar days from the date the order is issued. If the constable can't locate seizable property within that window, you can request reissuance for another 60 days — as long as you're still within five years of the original judgment date.

What MDJ Execution Cannot Reach

The MDJ system has significant limitations:

• No bank account garnishment. You cannot attach a debtor's bank account through an MDJ Order for Execution. Bank garnishment requires a Writ of Execution from the Court of Common Pleas.
• No real estate liens. An MDJ judgment does not automatically bind the debtor's real property. To create a real estate lien, you must transfer the judgment to Common Pleas.
• No wage garnishment. Pennsylvania prohibits wage garnishment for standard civil judgments under 42 Pa.C.S. § 8127. The only relevant exception is for landlords collecting on residential lease judgments.
• County-limited enforcement. The constable can only levy on property located within the county where the MDJ sits.

When to Stay at MDJ vs. Transfer to Common Pleas

Stay at the MDJ level if:

• You know the debtor has tangible personal property (business equipment, vehicles, inventory) within the county
• The amount at stake is modest and you want to keep costs low
• You want a fast, straightforward process

Transfer to Common Pleas if:

• You want to garnish the debtor's bank account
• The debtor owns real estate and you want a lien
• The debtor has no accessible personal property but has financial accounts
• You want access to formal post-judgment discovery (interrogatories and depositions) to locate hidden assets

Transferring is done by requesting a certified transcript of judgment from the MDJ and filing it with the County Prothonotary. The filing fee is typically $25 to $50. Within 14 days of docketing, you must file proof of the entry back with the MDJ court, which then vacates the judgment from its docket. From that point, all enforcement runs through Common Pleas.

Constable Fees and Cost Recovery

The good news: every dollar you spend on execution filing fees and constable costs gets added to the debtor's balance. Under the MDJ procedural rules, lawful enforcement costs are recoverable from the judgment debtor.

Typical constable costs include:

• Filing fee: $51.50
• Mileage: varies by distance
• Inventory and sale costs: vary by the scope of the levy

Before filing, calculate whether the judgment balance justifies the upfront costs. On a $500 judgment, paying $100+ in fees makes less sense than on a $5,000 judgment — though the fees are technically recoverable regardless.

The Pennsylvania Judgment Collection Guide includes a complete officer fee worksheet and step-by-step instructions for both MDJ execution and the Common Pleas transfer process.

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