Current through Register Vol. 54, No. 38, September 21, 2024
(a)
(1)
Relief from a judgment by confession shall be sought by petition. Except as
provided in subparagraph (2), all grounds for relief whether to strike off the
judgment or to open it must be asserted in a single petition. The petition may
be filed in the county in which the judgment was originally entered, in any
county to which the judgment has been transferred or in any other county in
which the sheriff has received a writ of execution directed to the sheriff to
enforce the judgment.
(2) The
ground that the waiver of the due process rights of notice and hearing was not
voluntary, intelligent and knowing shall be raised only
(i) in support of a further request for a
stay of execution where the court has not stayed execution despite the timely
filing of a petition for relief from the judgment and the presentation of prima
facie evidence of a defense; and
(ii) as provided by Rule 2958.3 or Rule
2973.3.
(3) If written
notice is served upon the petitioner pursuant to Rule
2956.1(c)(2) or
Rule 2973.1(c), the
petition shall be filed within thirty days after such service. Unless the
defendant can demonstrate that there were compelling reasons for the delay, a
petition not timely filed shall be denied.
(b) If the petition states prima facie
grounds for relief the court shall issue a rule to show cause and may grant a
stay of proceedings. After being served with a copy of the petition the
plaintiff shall file an answer on or before the return day of the rule. The
return day of the rule shall be fixed by the court by local rule or special
order.
(c) A party waives all
defenses and objections which are not included in the petition or
answer.
(d) The petition and the
rule to show cause and the answer shall be served as provided in Rule
440.
(e) The court shall dispose of
the rule on petition and answer, and on any testimony, depositions, admissions
and other evidence. The court for cause shown may stay proceedings on the
petition insofar as it seeks to open the judgment pending disposition of the
application to strike off the judgment. If evidence is produced which in a jury
trial would require the issues to be submitted to the jury the court shall open
the judgment.
(f) The lien of the
judgment or of any levy or attachment shall be preserved while the proceedings
to strike off or open the judgment are pending.
(g)
(1) A
judgment shall not be stricken or opened because of a creditor's failure to
provide a debtor with instructions imposed by an existing statute, if any,
regarding procedures to follow to strike a judgment or regarding any rights
available to an incorrectly identified debtor.
(2) Subdivision (g)(1) shall apply to (1)
judgments entered prior to the effective date of subdivision (g) which have not
been stricken or opened as of the effective date and (2) judgments entered on
or after the effective date.
