Pennsylvania Code
Title 231 - RULES OF CIVIL PROCEDURE
Part I - GENERAL
Chapter 3000 - JUDGMENTS
Subchapter D - ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY
Rule 3123.1 - Claim for exemption or immunity of property; prompt hearing

Universal Citation: 231 PA Code ยง 3123.1

Current through Register Vol. 54, No. 38, September 21, 2024

(a) A defendant may claim exemption or immunity of property from levy or attachment by filing with the sheriff a claim substantially in the form provided by Rule 3252(a). The defendant may include in the claim a demand for a prompt hearing. The sheriff shall immediately notify the plaintiff and garnishee of the filing of the claim.

(b) The sheriff shall immediately present the matter to the court. The court shall hear the claim within five business days thereafter upon such notice to the parties as the court shall direct and shall promptly dispose of the matter on the testimony, admissions or other evidence.

(c) Judgment may not be entered against the garnishee pursuant to Rule 3146(b) until the expiration of twenty days from the date of service of the writ of execution upon the garnishee. If a claim for exemption is pending, judgment pursuant to Rule 3146(b) may be entered only by agreement of the parties or by leave of court.

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