231 Pa. Code r. 3252

Current through Register Vol. 54, No.43, October 26, 2024

Rule 3252 - Writ of execution-money judgments

(a) The writ of execution shall include a notice to the defendant, a summary of major exemptions, and a claim for exemption, and shall be substantially in the following form:

(Caption)

WRIT OF EXECUTION

NOTICE

This paper is a Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly.

The law provides that certain property cannot be taken. Such property is said to be exempt. There is a debtor's exemption of $300. There are other exemptions which may be applicable to you. Attached is a summary of some of the major exemptions. You may have other exemptions or other rights.

If you have an exemption, you should do the following promptly:

(1) Fill out the attached claim form and demand for a prompt hearing.

(2) Deliver the form or mail it to the Sheriff's Office at the address noted.

You should come to court ready to explain your exemption. If you do not come to court and prove your exemption, you may lose some of your property.

YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.

IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.

________________________________

(Name)

________________________________

(Address)

________________________________

(Telephone Number)

WRIT OF EXECUTION

Commonwealth of Pennsylvania)

County of ____________)

To the Sheriff of ____________ County:

To satisfy the judgment, interest and costs against ____________ ,

(Name of Defendant)

defendant

(1) you are directed to levy upon the property of the defendant and to sell the defendant's interest therein;

(2) you are also directed to attach the property of the defendant not levied upon in the possession of _________________________ ,

(Name of Garnishee)

as garnishee, ____________ , and to notify the garnishee that

(Specifically describe property)

(a) an attachment has been issued;

(b) except as provided in paragraph (c), the garnishee is enjoined from paying any debt to or for the account of the defendant and from delivering any property of the defendant or otherwise disposing thereof;

(c) the attachment shall not include

(i) the first $10,000 of each account of the defendant with a bank or other financial institution containing any funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law.

(ii) each account of the defendant with a bank or other financial institution in which funds on deposit exceed $10,000 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law.

(iii) any funds in an account of the defendant with a bank or other financial institution that total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant's general exemption provided in 42 Pa.C.S. § 8123.

(3) if property of the defendant not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated.

Amount due	$ ___
Interest from ____________	$ ___
Costs to be added	$ ___

______________________________________

(Name of Prothonotary (Clerk))

Seal of the Court

By______________________________________

(Deputy)

MAJOR EXEMPTIONS UNDER PENNSYLVANIA

AND FEDERAL LAW

1. $300 statutory exemption.

2. Bibles, school books, sewing machines, uniforms and equipment.

3. Most wages and unemployment compensation.

4. Social Security benefits.

5. Certain retirement funds and accounts.

6. Certain veteran and armed forces benefits.

7. Certain insurance proceeds.

8. Such other exemptions as may be provided by law.

(Caption)

CLAIM FOR EXEMPTION

To the Sheriff:

I, the above-named defendant, claim exemption of property from levy or attachment:

(1) From my personal property in my possession which has been levied upon,

(a) I desire that my $300 statutory exemption be

[] (i) set aside in kind (specify property to be set aside in kind):

_________________________ ;

[] (ii) paid in cash following the sale of the property levied upon; or

(b) I claim the following exemption (specify property and basis of exemption):

_________________________.

(2) From my property which is in the possession of a third party, I claim the following exemptions:

(a) my $300 statutory exemption: [] in cash; [] in kind (specify property):

_________________________ ;

(b) other (specify amount and basis of exemption):

_________________________.

I request a prompt court hearing to determine the exemption. Notice of the hearing should be given to me at

_________________________ ,

_________________________ ,

(Address)

_________________________.

(Telephone Number)

I verify that the statements made in this Claim for Exemption are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

Date: ____________

____________

(Defendant)

THIS CLAIM TO BE FILED WITH THE OFFICE

OF THE SHERIFF OF COUNTY:

______________________________________

______________________________________

(Address)

______________________________________

(Telephone Number)

(b) Each court shall by local rule designate the officer, organization or person to be named in the notice.

231 Pa. Code r. 3252

The provisions of this Rule 3252 amended March 16, 1981, effective 3/27/1981, 11 Pa.B. 1075; amended April 12, 1999, effective 7/1/1999, 29 Pa.B. 2281; amended June 10, 2003, effective 9/1/2003, 33 Pa.B. 2974; amended February 23, 2007, effective 4/1/2007, 37 Pa.B. 939; amended April 16, 2010, effective 5/17/2010, 40 Pa.B. 2243.