$0 Pennsylvania Small Claims Collection Checklist

Pennsylvania Post-Judgment Discovery: How to Find a Debtor's Assets

You won your Pennsylvania small claims case, but the debtor is not paying — and you have no idea what they own, where they bank, or whether they even have a job. That is the problem post-judgment discovery solves.

Why the MDJ Court Cannot Help You Find Assets

Magisterial District Courts in Pennsylvania have no post-judgment discovery tools. An MDJ judge cannot compel a debtor to hand over bank statements, sit for a deposition, or answer written questions about their finances. The court issued your judgment, but the investigation is entirely on you.

To unlock formal discovery, you need to transfer your judgment to the Court of Common Pleas. Under Pa.R.C.P.M.D.J. 402C, you request a certified Transcript of Judgment from the originating MDJ office (available after 30 days, within five years), then file it with the Prothonotary of the county Court of Common Pleas. Once docketed there, you gain access to the discovery tools in Pa.R.C.P. 3117.

The Two Formal Discovery Tools

Under Pa.R.C.P. 3117(a), a judgment creditor can use two methods to locate attachable assets:

Written interrogatories. You serve a set of written questions on the debtor — or directly on third parties like banks or business partners — requiring sworn answers about bank account numbers, real estate holdings, vehicles, accounts receivable, and any other property. The debtor must respond under oath.

Post-judgment depositions. The Prothonotary issues a subpoena compelling the debtor to appear for an in-person or virtual deposition under oath. You can require them to bring tax returns, bank statements, vehicle titles, and real estate deeds. A court reporter records the testimony.

Both tools apply to third parties too. If you suspect the debtor holds assets through a business partner or family member, you can direct interrogatories or a deposition subpoena at that person.

What Happens When a Debtor Ignores Discovery

If the debtor refuses to answer interrogatories or skips a deposition subpoena, you file a Motion to Compel Discovery in Common Pleas. If the court orders compliance and the debtor still refuses, you can file a Petition for Contempt. Contempt can carry sanctions, but the court must approve them — no automatic arrest warrants exist for civil non-payment in Pennsylvania.

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Public Record Searches You Can Do Without a Court Order

Before spending money on formal discovery, several free public records can reveal assets:

  • County Recorder of Deeds: Real property records, deeds, and mortgages indexed by name
  • County Assessment Office: Tax maps and property valuations showing estimated equity
  • Pennsylvania Department of State: Searchable business databases listing corporations, LLCs, registered agents, and trade names
  • UJS Web Portal: Docket searches across Common Pleas and MDJ courts showing pending lawsuits, existing judgment liens, or foreclosures involving the debtor

These searches cost nothing and can tell you whether the debtor owns real estate, runs a business, or already has other creditors in line ahead of you.

What You Cannot Do

Pennsylvania law draws hard lines around asset investigation. You cannot use false pretenses or unauthorized credit pulls to obtain private bank account information — that violates the federal Gramm-Leach-Bliley Act. You also cannot garnish wages to trace employer information for general civil debts, since 42 Pa.C.S. § 8127 prohibits wage garnishment for standard consumer claims.

Under Pa.R.C.P. 3117(b), the reasonable costs of conducting post-judgment discovery — including court reporter fees and subpoena service — can be added to the debtor's judgment balance if the process reveals attachable property.

Putting It All Together

The practical sequence: start with free public record searches, transfer the judgment to Common Pleas if you have not already, then use formal interrogatories or a deposition to pin down specific account numbers and asset details. Once you know where the money is, you file a Praecipe for Writ of Execution targeting those assets.

The Pennsylvania Judgment Collection Guide walks through each discovery tool with the exact forms, filing steps, and sample questions to ask — from the initial transcript request through the final writ of execution.

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