A Pennsylvania Writ of Revival is a legal document issued by a court in the state of Pennsylvania that is used to revive an existing cause of action or lawsuit that was previously dismissed for various reasons. The Writ of Revival is typically filed when the plaintiff wishes to appeal the dismissal of their claim. The Writ of Revival is usually used when the original lawsuit was dismissed due to a technicality, such as an expired statute of limitations or failure to follow the proper procedural rules. There are three types of Pennsylvania Writ of Revival: Writ of Error to Revive, Writ of Score Facial to Revive, and Writ of Revival of Judgment. The Writ of Error to Revive is typically used when the lawsuit was dismissed due to an error or technicality by the court. The Writ of Score Facial to Revive is used when the lawsuit was dismissed due to an expired statute of limitations or an act of fraud. The Writ of Revival of Judgment is used when the lawsuit was dismissed due to a failure to comply with the procedural rules.
Pennsylvania Writ of Revival
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FAQ
Once granted, a Writ of Execution is good for 90 days.
Pennsylvania judgments are valid for 5 years. Judgments can be revived every 5 years and should be revived if a creditor is attempting to actively collect on the debt. Judgments also act as a lien against real property for up to 20 years or longer if properly revived.
(c) The lien of a writ of revival or of an agreement to revive shall continue for a period of five years from the date on which the writ or agreement was entered in the judgment index.
Once granted, a Writ of Execution is good for 90 days.
A Writ of Summons must be served within 30 days after it was filed. If the sheriff's office does not serve the writ within this time frame, the writ will essentially expire. In such a case, the praecipe will have ?tolled the Statute of Limitations? and become inactive. However, the prothonotary can reissue the writ.
An action for revival of a judgment lien on real property must be commenced within 5 years from the date of the judgment. Pa. R.C.P.
Pennsylvania judgments are valid for 5 years. Judgments can be revived every 5 years and should be revived if a creditor is attempting to actively collect on the debt. Judgments also act as a lien against real property for up to 20 years or longer if properly revived.
Code § 401 - Time for Service. Reissuance, Reinstatement, and Substitution of Original Process. (a) Original process shall be served within the Commonwealth within 30 days after the issuance of the writ or the filing of the complaint.