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Transfer of claim to avoid policy of Commonwealth - 42 Pa. Cons. Stat. § 8128Legal Research Home > Pennsylvania Statutes
§ 8128. Transfer of claim to avoid policy of Commonwealth.
(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).
(Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; Dec. 17, 2001,
P.L.904, No.101, eff. imd.)
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Last modified: November 27, 2007 |
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