1391 Proposal to rename Chapter 400 and proposed new Rule 401.1 of the rules of conduct, office standards and civil procedure for district justices

Title 246--MINOR COURT CIVIL RULES

PART I. GENERAL

[246 PA. CODE CH. 400]

Proposal to Rename Chapter 400 and Proposed New Rule 401.1 of the Rules of Conduct, Office Standards and Civil Procedure for District Justices

[34 Pa.B. 4022]

   The Minor Court Rules Committee is planning to recommend that the Supreme Court of Pennsylvania rename Chapter 400 and adopt a new Rule 401.1 of the Rules of Conduct, Office Standards and Civil Procedure for District Justices to provide for the assignment of civil judgments. The Committee has not submitted this proposal for review by the Supreme Court of Pennsylvania.

   The following explanatory Report highlights the Committee's considerations in formulating this proposal. The Committee's Report should not be confused with the Committee's Official Notes to the rules. The Supreme Court does not adopt the Committee's Official Notes or the contents of the explanatory reports.

   The text of the proposed changes precedes the Report. Additions are shown in bold; deletions are in bold and brackets.

   We request that interested persons submit suggestions, comments, or objections concerning this proposal to the Committee through counsel,

Michael F. Krimmel, Counsel
Supreme Court of Pennsylvania
Minor Court Rules Committee
5035 Ritter Road, Suite 700
Mechanicsburg, PA 17055
Fax [phone]

or e-mail to:  [e-mail]

   no later than Monday, August 23, 2004.

By the Minor Court Rules Committee

THOMAS E. MARTIN, Jr.,   
Chair

Annex A

TITLE 246. MINOR COURT CIVIL RULES

PART I. GENERAL

CHAPTER 400. [EXECUTION OF JUDGMENTS FOR THE PAYMENT OF MONEY] ENFORCEMENT OF JUDGMENTS RENDERED BY DISTRICT JUSTICES FOR THE PAYMENT OF MONEY

Rule 401.1. Assignment of Judgment; Parties.

   If the judgment has been assigned, upon request of the real party in interest the district justice shall:

   (1)  Cause a docket entry to be made indicating the assignment and the name of the original plaintiff and the name of the real party in interest.

   (2)  Issue an amended notice of judgment indicating the assignment and the name of the original plaintiff and the name of the real party in interest.

   Official Note:  The real party in interest (assignee) must produce an acknowledgement of assignment of judgment, properly executed by the original plaintiff (assignor), before the district justice notes the assignment on the docket or issues an amended notice of judgment.

   When an assignment is entered on the docket pursuant to this rule, the real party in interest becomes the plaintiff as defined in Rule 401, and the original plaintiff shall have no further rights with respect to the judgment.

   If the judgment has been entered in the court of common pleas the district justice may not take any action pursuant to this rule. See Rule 402D (4).

REPORT

Proposal to Rename Chapter 400 and Proposed New Rule 401.1 of the Rules of Conduct,
Office Standards and Civil Procedure for District Justices

Enforcement of Judgments; Assignment of Judgments; Parties

I.  Background

   The Minor Court Rules Committee (hereinafter the Committee) considered issues relating to the assignment of civil judgments after the Committee learned that some district justices are receiving notices that judgments have been assigned along with requests for the issuance of amended notices of judgment. The Committee learned that in some areas of the Commonwealth it is becoming common for ''judgment enforcement'' businesses to purchase civil judgments from plaintiffs who are having difficulty enforcing the judgments. Then, so as to avail themselves of enforcement procedures in an effort to collect the judgments, these businesses request that the district justice note the assignment on the docket and issue an amended notice of judgment showing the assignee as the real party in interest.

   The Committee determined that, although the assignment of common pleas level judgments is not an uncommon practice, it is much less common at the district justice level. In addition, there is no procedural mechanism for a district justice to note the assignment of a judgment on the docket or to issue an amended notice of judgment reflecting the assignment and the name of the real party in interest. The Committee noted that the practice of assigning judgments is recognized in the Rules of Civil Procedure. Specifically, Rule 3026 (Parties) provides in part that ''[i]f the judgment has been assigned or transferred, the caption shall contain the name of the original judgment plaintiff and the name of the real party in interest.'' Pa.R.C.P. No. 3026(b).

   The Committee believes it would be helpful to district justices and parties if the rules of civil procedure for district justices would provide some guidance regarding assignments. Therefore, the Committee proposes a new Rule 401.1 to address assignments.

II.  Proposed Rule Changes

   As noted above, to address the assignment of civil judgments at the district justice level the Committee proposes a new Rule 401.1 entitled ''Assignment of Judgment; Parties.'' The proposed new rule would be placed in Chapter 400 so as to be included with other rules relating to execution and enforcement of money judgments. The rule would provide for a docket entry to indicate that a judgment has been assigned, as well as for the issuance of an amended notice of judgment reflecting the name of the original plaintiff (assignor) and the real party in interest (assignee).

   The proposed Official Note to the rule would make clear that the assignee must produce an acknowledgement of assignment of judgment, properly executed by the assignor, before the district justice notes the assignment on the docket or issues an amended notice of judgment. To ensure that the district justice receives accurate and complete information regarding the assignment, the Committee anticipates that the Administrative Office of Pennsylvania Courts would develop an acknowledgement form to be produced by the district justice computer system (DJS).¹ In addition, the Official Note would make clear that if the judgment has been entered in the court of common pleas prior to the assignment, the district justice may not take any action.²

   In addition to the proposed new rule, the Committee also proposes that the title of Chapter 400 be changed to ''ENFORCEMENT OF JUDGMENTS RENDERED BY DISTRICT JUSTICES FOR THE PAYMENT OF MONEY'' to more accurately describe the rules in the chapter.

[Pa.B. Doc. No. 04-1391. Filed for public inspection July 30, 2004, 9:00 a.m.]

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¹  See Pa.R.C.P.D.J. No. 212 (Design of Forms).

²  See Pa.R.C.P.D.J. No. 402D (4) (''[O]nce the judgment is entered in the court of common pleas all further process must come from the court of common pleas and no further process may be issued by the district justice.'').