2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 27 - Office of the Clerk of the Court of Common Pleas
2737.1 - Incorrect debtor identified.

     § 2737.1.  Incorrect debtor identified.
        (a)  Procedure.--A creditor that files for a judgment by
     confession under section 2737(3) (relating to powers and duties
     of the office of the prothonotary) shall comply with the
     Pennsylvania Rules of Civil Procedure regarding confession of
     judgment, including any notice provisions. A debtor who has been
     incorrectly identified and had a confession or judgment entered
     against him may petition the court for costs and reasonable
     attorney fees as determined by the court.
        (b)  Effect on judgment.--A judgment shall not be stricken or
     opened because of a creditor's failure to provide a correctly
     identified debtor with instructions pursuant to this section
     regarding procedures to follow to strike a judgment or regarding
     any rights available to an incorrectly identified debtor.
     (Dec. 20, 2000, P.L.742, No.105, eff. 60 days; Nov. 29, 2004,
     P.L.1364, No.176, eff. imd.)

        2004 Amendment.  Section 3 of Act 176 provided that the
     addition of subsec. (b) is intended to clarify and confirm the
     original intent of the General Assembly in adding section 2737.1
     in Act 105 of 2000. Section 3 further provided that to the
     extent necessary to clarify the meaning and interpretation of
     section 2737.1, the addition of subsection (b) shall apply
     retroactively to causes of action which arose on or before the
     effective date of section 3.

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