Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › FORMS › Rule 3252 - Writ of execution-money judgments

Current through Register Vol. 54, No. 28, July 13, 2024
(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)