Pennsylvania Code
Title 246 - MINOR COURT CIVIL RULES
Part I - GENERAL
Chapter 400 - ENFORCEMENT OF JUDGMENTS RENDERED BY MAGISTERIAL DISTRICT JUDGES FOR THE PAYMENT OF MONEY
Rule 420 - Determination of Property Claims and Disputes
Universal Citation: 246 PA Code ยง 420
Current through Register Vol. 54, No. 38, September 21, 2024
A. The magisterial district judge from whose office the order of execution issued shall hear and determine the following matters:
(1) An appeal made in accordance
with Rule 408C from an appraisal, designation or setting aside of property by
the officer executing the order.
(2) Any objection by the defendant to the
levy on the ground that it is illegal or excessive which was filed in
accordance with Rule 413.
(3)
Claims of third parties to the property levied upon which were filed in
accordance with Rule 413.
(4)
Exceptions to the proposed distribution filed in accordance with Rule
416C.
B. In acting under subdivision A of this rule, the magisterial district judge may:
(1) Reappraise or redesignate property
appraised or designated by the executing officer, or order inclusion in the
levy of property set aside by that officer.
(2) Order the abandonment of the levy in
whole or part, or release property from the levy.
(3) Stay or prohibit a sale of all or part of
the property levied upon.
(4) Order
that property levied upon be released to a third party who has a valid claim
thereto.
(5) Stay the distribution,
or order a distribution different than that proposed by the executing officer.
C. The magisterial district judge from whose office the order of execution issued may, upon written request of any party in interest made before delivery of property sold pursuant to the order and upon proper cause shown, set aside the sale of that property and order a resale or enter any other order which may be just and proper under the circumstances.
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