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
Pennsylvania Consolidated Statutes
Section: 8128
Jurisdiction: PA
Bluebook Citation: 42 Pa. Cons. Stat. § 8128
§ 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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