onecle - legal research

Court Opinions

State Laws

US Code

US Constitution

Transfer of claim to avoid policy of Commonwealth - 42 Pa. Cons. Stat. § 8128

Legal 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.)
Section:  Previous  8121  8122  8123  8124  8125  8126  8127  8128  8141  8142  8143  8144  8151  8152  8301  Next

Last modified: November 27, 2007