Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter F - ATTACHMENT OF WAGES, SALARY AND COMMISSIONS UNDER SECTION 8127 (A)(3.1) OF THE JUDICIAL CODE › FORMS › Rule 3312 - Notice of Intent to Attach Wages. Claim for Exemption from Wage Attachment. Notice of Claim for Exemption of Wages from Attachment. Forms

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The notice of attachment of wages
					 required by Rule 3302(b) shall be substantially in the following form:
(CAPTION)
NOTICE OF INTENT TO ATTACH
WAGES, SALARY OR COMMISSIONS
Date of service of this Notice: ____________ (Date to be
						inserted by the Sheriff)
A judgment has been entered against you in court for
						nonpayment of rent for, or damage to, residential property that you rented. The
						judgment creditor-landlord has begun proceedings to attach 10% of your net
						wages, salary or commissions for each pay period until the judgment is
						satisfied.
The following exception will prevent your wages from
						being attached:
Poverty Guidelines
-Your wages may not be
						attached if your net income is below the poverty income guidelines as provided
						annually by the Federal Department of Health and Human Services or if the
						amount of the attachment would cause your net income to fall below the poverty
						income guidelines. A copy of the guidelines is attached to this notice.
If this exemption is applicable to you, you must return
						the claim for exemption of wages which is attached to the prothonotary within
						30 days of the date of service of this notice upon you. The date of service of
						this notice is set forth above. If you return the form claiming this exemption
						within 30 days, your wages will not be attached without subsequent court
						proceedings.
There may be other legal grounds for opposing the wage
						attachment that you may be able to raise by filing a motion with the court. For
						example, your wages may not be attached if you are an abused person or victim
						as set forth in Section 8127(f) of the Judicial Code when the attachment is to
						satisfy a judgment for physical damages to the leased premises.
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)
(b) The claim for exemption from wage
					 attachment shall be substantially in the following form:
(CAPTION)
CLAIM FOR EXEMPTION FROM WAGE
						ATTACHMENT
Notice
This Claim for Exemption must be filed with the
						Prothonotary of the Court within 30 days of service upon you of the Notice of
						Intent to Attach Wages.
To the Prothonotary:
I, the above-named defendant, claim exemption of my
						wages, salary or commissions from attachment on the following ground:
___ My net monthly income is below the poverty income
						guidelines as provided by the Federal Department of Health and Human
						Services.
OR
___ The amount of wages to be attached would place my net
						income below the poverty income guidelines as provided annually by the Federal
						Department of Health and Human Services.
I have ____________ dependents.
(Number)
My net monthly income is $ ____________.
(Net monthly income is your total monthly wages less (1)
						any support payments made to the court, (2) federal, state and local income
						taxes, (3) F.I.C.A. payments and nonvoluntary retirement payments. (4) union
						dues and (5) health insurance premiums.)
I certify 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 shall be delivered or mailed to
Office of the Prothonotary
Court of Common Pleas
____________
Address
____________
Telephone Number
(c) The notice of claim of exemption required
					 by Rule 3303(b) shall be substantially in the following form:
(CAPTION)
NOTICE OF CLAIM OF EXEMPTION
OF WAGES FROM ATTACHMENT
To the above-named plaintiff:
The defendant in the above-captioned matter has filed a
						claim for exemption from attachment of his or her wages, salary or commissions.
						A copy of the claim is attached. If you wish to challenge the claim for
						exemption, you should file with the court a motion setting forth facts which
						show that the defendant's net income is not below the Federal Department of
						Health and Human Services poverty income guidelines or that the attachment will
						not cause the defendant's net income to fall below those poverty income
						guidelines.
Date: ____________
____________
Prothonotary