Restitution Claim Stalled

Summary

The user, a resident of Philadelphia, PA, won a small claims court case and was awarded a restitution amount of $3,133.57. Despite paying the necessary fees to the Sheriffs department for the levy process, the user has not received any updates or information on the next steps. The user has tried reaching out to various legal aid organizations and the Philadelphia Bar Associations Lawyer Referral and Information Service, but has not found any assistance. The user is considering filing a complaint against the Sheriffs office for lack of communication and is seeking legal assistance to navigate the system.

Full Conversation

Yes was told Lt. Is on vacation for two weeks. Just like last mo th called they started he will get back to me ne er did.
Have you considered reaching out to a higher authority in the Sheriff's department or a local legal aid organization for assistance?
Yes all told me cannot help me there are for defendant's cases only. Called seniorlaw firm they dont handle civil small claims all of them stated this asked do anybody help victims no was the answer. Trying to look for pro bono lawyers not getting any were with that also.
Have you tried contacting the Philadelphia Bar Association's Lawyer Referral and Information Service for assistance in finding a pro bono lawyer? They might be able to help.
Yes yesterday same thing as well.
What was the response from the Philadelphia Bar Association's Lawyer Referral and Information Service?
Only help with issues of unemployment,housing, disability cases,defendant that have law issues.
Have you tried reaching out to the Pennsylvania Legal Aid Network? They might be able to assist you with your civil small claims case.
Yes stated they dont handle court issues. If you can call one that will help me I would be so appreciative. I been calling around yesterday and today with no results.
Have you tried contacting the Philadelphia Civil Court directly for guidance on how to proceed with your restitution claim?
Then Judicial court here told me of the first judgement of restitution they can't force the defendant to pay. That amount was $*.* amount. Small claims amounts I won $*,*.* being held up by sherrif dept with levy.
Have you tried contacting the Pennsylvania Office of Victim Advocate for assistance with your restitution claim? They might be able to help. Their contact number is *-*-*-*.
Yes that was with first judgement told me nothing they can do at all. The ADA lawyer told me I'm not eligible for there asst.
Have you tried reaching out to the Philadelphia Sheriff's Office Civil Enforcement Unit directly for an update on the levy process? Their contact number is (*) *-*.
No can you tell me there number only number that I been calling is *-*-* and *-*-* to Lt. Fallen he's on vacation give lack of anything whats going on. Keep stating maybe you need to get a lawyer. I don't understand if they did the levy and the items are still inside defendant residents. I already completed with the $*.* why are they not doing anything til this Lt. get off vacation.
Have you tried contacting the Philadelphia Sheriff's Office Civil Enforcement Unit at (*) *-* for an update on the levy process?
No I haven't I'm so upset to keep getting no answer from them. Just to be told I have to wait til Lt. Fallen get off vacation.
Have you tried reaching out to the Philadelphia Sheriff's Office Civil Enforcement Unit's higher authority or the Sheriff himself?
No never new about that at all.
What is the name of the Sheriff in your area? This information could be useful in escalating your issue.
Rochelle Bilal
Have you tried reaching out to Sheriff Rochelle Bilal directly regarding your issue? Her office's contact number is (*) *-*.
No I haven't not
What is the exact amount of restitution you are expecting from the defendant?
Judgement amount by judge $*,*.*
What is the name of the defendant and their lawyer?
Defendant: Eldon Briette (aka) Michael B. Smith didn't have any lawyer at all in small claims court because he never showed up in court til last cout hearing last month. Yes career criminal with many other (akas) and other judgements against him. Papers copies was given to me by ADA lawyer at Judicial Court.
What is the current status of the levy on the defendant's property?
All items are still inside his residents Subject for sale.
What is the nature of the items levied inside the defendant's residence?
Couch,love seat,television,TV stand,radio,china closet,dining room table,water machine
What is the estimated value of the levied items in the defendant's residence?
Don't have a clue I believe this is how sherrif dept selling items that would be the amount of the restitution amount $*,*.*
Have you received any official documentation from the Sheriff's department regarding the levy and the estimated value of the items?
Im looking at the copy yellow paper that they mailed to me only stated in box Real Debt: $*,*.*
What is the date on the yellow paper you received from the Sheriff's department?
*/*/*
What is the next step mentioned in the yellow paper you received from the Sheriff's department?
All goods and contents are held under Sheriff's levy and subject to sale Defendant's interest only.
What is the timeline mentioned in the yellow paper for the sale of the levied goods?
There is nothing writen at all
What is the contact information of the Sheriff's department that you have been dealing with?
*-*-* or *-*-*
What is the address of the defendant's property where the items are levied?
Philadelphia Pa * N. Simpson Street *
What is the name of the judge who ordered the restitution?
Don't have his name at all we both was in one court then was Escorted to another for the judge to hear the by Michael C. Lambert looking at paper work on June 28th * and petition on july 13th hearing at *:15pm * Chestnut street 6th fl.
What is the nature of the restitution order given by the judge?
Yes defendant could not prove his case at all camed there with paperwork he made restitution towards my case. So I had called Office of Judicial Records John Gallagher court administrative officer he cofirm to me the payment of $*.* went to his other judgement case thats agenst him.
What is the current status of your communication with the Office of Judicial Records and the Sheriff's department regarding the restitution payment?
They would referred me to Lt. Fallen
What is the current status of your communication with Lt. Fallen?
Non he haven't called me back at all last month told employee he will get back to me. Called this month told me he's on vacation for two weeks.
Have you tried contacting the Philadelphia Sheriff's Office Civil Enforcement Unit at (*) *-* for an update on the levy process?
Not at all
What is the current status of the restitution payment according to the Office of Judicial Records?
No payments haven't been made
What is the timeline given by the Sheriff's department for the sale of the levied items?
They have written to tell me nor tell me keep telling me I have to wait til Lt. Fallen comes back.
What is the timeline given by the court for the defendant to make the restitution payment?
Small claims court none was told by judge you won your case.
What is the timeline given by the court for the defendant to make the restitution payment?
None at all for small claims. Judicial court defendant was scheduled to appear in city hall to start making payments he never showed up for that. Was told in person by employee that they can't make defendant to start making payments. Defendant working under the table by cutting hair at barbershops only.
What steps have you taken to enforce the judgment since the defendant has not made any payments?
I don't know anything about enforce to do at all.
What steps have you taken to enforce the judgment since the defendant has not made any payments?
None at all asked Judicial Records administrative can they put him in collections he told me that want work because he have other judgements against him that I would had to wait til he pays on mine. Then there is Small claims sherrif dept judgement im not getting no were with them. For them to take my funds of $*.* so fast and want tell me anything til Lt. Fallen get off vacation make me very upset I'm on disability don't get much. Taken my funds and don't tell me anything of communication beening rude to me over the phone then tell me maybe I need to get a lawyer from a supervisor at the sherrif office.
Have you considered filing a complaint with the Philadelphia Sheriff's Office Internal Affairs Unit regarding the handling of your case?

In Pennsylvania, the Sheriff's Office is responsible for executing levies and sales of property to satisfy judgments. If you're not satisfied with their service, you can file a complaint.
I believe I did not sure on line
Can you confirm if you have received any written communication from the Sheriff's department regarding the levy process after you paid the $* fee?
They didn’t give me anything but the receipt cash execution docket pink receipt with several no * / term * / court sc2210 ck#* paid Aug * * by GH
What is the exact amount mentioned in the receipt cash execution docket pink receipt?
$*.* - sherrif fee code * $*.* mileage code * fee $*.*
What is the current status of the levy process according to the receipt cash execution docket?
Nothing
What is the exact date you paid the $* fee to the Sheriff's department?
*/*/*
What is the exact wording on the receipt cash execution docket regarding the levy process?
Nothing my name and defendant name
What is the next step mentioned on the receipt cash execution docket after you paid the $* fee?
Nothing
What is the exact wording on the receipt cash execution docket regarding the levy process?
Nothing
What is the exact wording on the receipt cash execution docket regarding the next steps after the payment of the $* fee?
Nothing
What is the exact wording on the receipt cash execution docket regarding the levy process?
Nothing
What is the exact wording on the receipt cash execution docket regarding the status of the levy process?
Nothing
What is the exact wording on the receipt cash execution docket regarding the status of the levy process?
Nothing
What is the exact wording on the receipt cash execution docket regarding the levy process?
Nothing
What is the exact wording on the receipt cash execution docket regarding the next steps after the payment of the $* fee?
Nothing
Have you considered filing a complaint with the Pennsylvania Judicial Conduct Board regarding the handling of your case?
First case at Judicial court yes written statement Board has dimissed the complaint. The Board has determined the results of its inquiry does not support a finding of probable cause of Judicial misconduct. By Melissa L. Norton Cheif Counsel
What is the current status of your communication with the Pennsylvania Judicial Conduct Board after they dismissed your complaint?
Nothing
What is the exact wording of the dismissal letter you received from the Pennsylvania Judicial Conduct Board?
What I just written to you and goes on to say. The Judicial Conduct Board's decision is final and there is no appellate process applicable to review the Board's disposition of a file complaint
What is the current status of your restitution claim according to the Philadelphia Civil Court?
Judgement amount $*,*.*
What is the current status of your communication with the Philadelphia Sheriff's Office Civil Enforcement Unit regarding the levy process?
None
What is the current status of your communication with the Philadelphia Sheriff's Office Civil Enforcement Unit regarding the levy process?
None
What is the current status of your communication with the Philadelphia Sheriff's Office Civil Enforcement Unit regarding the levy process?
Same as before
What is the current status of your communication with the Philadelphia Sheriff's Office Civil Enforcement Unit regarding the sale of the levied items?
None as I stated to you
What is the current status of your communication with the Philadelphia Civil Court regarding the enforcement of the judgment?
None don't know how to go about that
Have you considered reaching out to a legal aid organization or a lawyer who specializes in civil litigation for guidance on how to enforce the judgment?
No give me a number to call.
You can contact the Philadelphia Legal Assistance at (*) *-* for guidance on enforcing the judgment.
Ok written that down
What is the current status of your communication with Philadelphia Legal Assistance?
None
What is the current status of your communication with the Philadelphia Sheriff's Office Civil Enforcement Unit regarding the levy process?
None
What is the current status of your communication with the Philadelphia Legal Assistance regarding the enforcement of the judgment?
Phone number
What is the current status of your communication with the Philadelphia Legal Assistance after you contacted them for guidance on enforcing the judgment?
None phone numbers please
What is the current status of your restitution claim according to the Philadelphia Civil Court?
Same what I written to you judgement restitution amount
What is the current status of the levy process according to the Philadelphia Sheriff's Office Civil Enforcement Unit?
None request for number to Legal Assistance in Philadelphia
You can contact Philadelphia Legal Assistance at (*) *-*. They provide free legal advice and representation to low-income individuals and families.
Ok what next can you help me with or free Pro Bono lawyer that can represent me with Sheriff's office
Have you tried reaching out to the Philadelphia Volunteer Lawyers for the Arts? They offer pro bono legal assistance for various issues. Their contact number is (*) *-*.
I did seen that searching online can you give me there number as well. Question if they tell me they can't help then what? Hoping to get help navigating this bad system for help
The Philadelphia Volunteer Lawyers for the Arts can be reached at (*) *-*. If they can't assist, consider contacting the Pennsylvania Bar Association's Pro Bono Office at (*) *-*.
I did that they charged me $*.* on my card with no asst. at all.
What was the service you paid for to the Pennsylvania Bar Association's Pro Bono Office?
Free consultation didn’t know til last week they charged my card again of $*.* called to cancel from my card. Questions should Sheriff's dept should have given me more information on there next procedures of the levy a d time frame when they will do it since payment of $*.* was paid in full?
Did you receive any written agreement or terms of service when you paid the $*.* to the Pennsylvania Bar Association's Pro Bono Office?
Nothing
What is the current status of your communication with the Philadelphia Sheriff's Office Civil Enforcement Unit regarding the levy process?
None are you going to answer my questions about should they had given me paperwork of there next procedure?
What is the exact wording on the receipt or any document you received from the Sheriff's department after you paid the $* fee?
Nothing
What is the current status of your communication with the Philadelphia Sheriff's Office Civil Enforcement Unit regarding the sale of the levied items?

In Pennsylvania, the Sheriff's Office is responsible for executing levies and sales of property to satisfy judgments. If you're not satisfied with their service, you can file a complaint.
Nothing should I recieved paperwork yes or no question
Did you receive any written communication from the Sheriff's department after the levy was made on the defendant's property?

In Pennsylvania, the Sheriff's department should provide a notice of levy detailing the items levied and the next steps in the process.
Just only item's that are being levy
What is the estimated value of the items that have been levied?
Don't know question you have stated when I speak with Lt. Fallen should they given me paperwork of there next procedures once I paid the $*.* ?
Did Lt. Fallen or anyone from the Sheriff's department provide you with a timeline or next steps for the levy process after you paid the $* fee?
Not at all
Should the sherrif office dhould have given me paperwork for there next procedure on the levy and time frame of me receiving restitution once items are sold
Did the Sheriff's office provide you with a notice of levy detailing the items levied and the next steps in the process?

In Pennsylvania, the Sheriff's office is generally required to provide such notice.
Nothing at all keep telling me if I want to know maybe I need to get a lawyer. This sou ds like Sheriff's office violated my rights and refusing to provide me information just for a lawyer to ask.
Have you considered filing a complaint against the Sheriff's office for not providing you with the necessary information?
Yes is this online to do it?
Yes, you can file a complaint online. Visit the Philadelphia Sheriff's Office website and look for the "File a Complaint" section.
Ok i guest you helped me for now
What is the current status of your communication with the Philadelphia Sheriff's Office Civil Enforcement Unit regarding the levy process?
Nothing
I guest thats it what I need to do tomorrow. I will go online of sherrif office to file a complaint today.
What is the nature of your complaint against the Sheriff's office?

In Pennsylvania, the Sheriff's office is responsible for executing levies and sales of property to satisfy judgments. If you're not satisfied with their service, you can file a complaint.
Lack or i forming me of there procedures once I paid that fee of $*.* in writing
What is the exact wording on the receipt or any document you received from the Sheriff's department after you paid the $* fee?

In Pennsylvania, the Sheriff's Office should provide a notice of levy detailing the items levied and the next steps in the process.
Nothing at all again that I stated to you
What is the current status of the levy process according to the Philadelphia Sheriff's Office Civil Enforcement Unit?
I dont know at all
I don't know there levy process at all haven't received any written notice paperwork
Have received any documents of written procedures levy process
Thank you again
What is the current status of your communication with the Philadelphia Sheriff's Office Civil Enforcement Unit regarding the sale of the levied items?