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 3146 - Judgment against garnishee upon default or admission in answer to interrogatories

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
(1) If the garnishee within the time allowed
				  by these rules fails to file an answer to interrogatories containing a notice
				  to answer, the prothonotary on praecipe of the plaintiff shall enter judgment
				  unliquidated in amount, in favor of the plaintiff and against the garnishee.
				  The amount of the judgment shall thereafter be assessed by the court on motion,
				  notice to the garnishee with a copy to the defendant in the form provided by
				  subdivision (a)(2), and hearing. At the hearing the garnishee may raise
				  defenses against the judgment debtor available under Rule 3145, provided that
				  written notice thereof has been given to all parties not less than ten days
				  prior to the hearing. If the garnishee appears, the court shall determine and
				  enter judgment for the value of the property of the defendant in the hands of
				  the garnishee but shall not enter judgment in excess of the judgment of the
				  plaintiff against the defendant together with interest and costs. If the
				  garnishee fails to appear, or if appearing offers no evidence, the amount of
				  the judgment shall thereupon be entered in the amount of the plaintiff's
				  judgment against the defendant together with interest and costs, and the court
				  may also award to the plaintiff reasonable expenses including attorney's
				  fees.
(2) The notice required by
				  subdivision (a)(1) shall be in substantially the following form:
NOTICE OF ASSESSMENT OF DAMAGES
To
____________
, Garnishee:
On
_________________________
, you were served with a writ of execution as a garnishee
					 and were notified of your duties under it.
Judgment has been entered against you because you have
					 failed to answer the interrogatories served with the writ. The court will
					 assess the amount of the judgment at a hearing to be held on ,
at ___________
,
____________
.
. M., in Courtroom
____________
,
County Courthouse,
____________
, Pa. If you fail to appear, damages will be assessed
					 against you in the amount of the judgment of the plaintiff against the
					 defendant, $
____________
, together with interest, costs and reasonable expenses
					 including attorney's fees, whether or not you may owe anything to the defendant
					 or hold any of the defendant's 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)