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 409 - Notice Accompanying Order of Execution

Current through Register Vol. 54, No. 28, July 13, 2024
The copy of the order of execution given or made available to
				  the defendant under Rule 405B shall contain the following notice:
NOTICE TO DEFENDANT
(1) This Order of Execution has been issued
				because there is a judgment against you which remains unpaid. It may cause your
				tangible personal property to be taken and sold to pay the judgment.
(2) The law provides that certain property
				cannot be taken on this order of execution. Your real estate cannot be taken on
				this execution, nor can perishable personal property or personal property which
				is intangible such as your bank accounts. There are some other types of
				property which are exempt from execution under State and Federal Law, such as
				wearing apparel, bibles, school books, sewing machines, military uniforms and
				equipment, most wages and unemployment compensation, social security benefits,
				certain retirement funds and accounts, certain veteran and armed forces
				benefits, certain insurance proceeds and such other exemptions as may be
				provided by law.
(3) In addition,
				there is a general monetary exemption of $300. However, this exemption may be
				reduced or extinguished by the value of property you own which could be taken
				on a writ of execution issued by a court of common pleas but which cannot be
				taken on this order of execution which is issued by a magisterial district
				judge. For example, the $300 exemption may be reduced or extinguished by the
				value of your equity in real estate or by money you have in a bank account,
				except money in your bank account which is itself generally exempt from
				execution, such as social security payments. Also, the $300 exemption does not
				apply to a judgment for support, a judgment against a debtor who is not an
				individual, a judgment obtained for board for four weeks or less or a judgment
				for $100 or less obtained for wages for manual labor.
(4) If you are entitled to all or part of the
				$300 exemption, you may claim it at any time before the execution sale by
				notifying the officer (constable or sheriff) executing this order of your
				claim. You should tell the officer whether you want this exemption to be taken
				out of the property levied upon or out of cash from the proceeds of the sale
				and, if the exemption is claimed in property, you should designate the property
				which you choose to retain as exempt. If you claim this exemption in property,
				the officer executing this order will set aside, from the property designated
				by you, property as appraised by the officer up to the value of your exemption.
				If you do not claim this exemption, the officer will choose, appraise and set
				aside property up to the value of your exemption for you. If the property
				cannot be so divided, the officer will set aside from the proceeds of the sale
				and pay to you in cash the amount of your exemption or whatever lesser amount
				is received as proceeds of the sale.
(5) You may appeal to the magisterial
				district judge who issued this order from any appraisal or designation of
				property made by the officer executing this order, provided the appeal is made
				within two days after the appraisal or designation. Also, at any time before
				the sale, you may file with the magisterial district judge who issued this
				order an objection to the levy on the ground that it is illegal or is excessive
				compared to the amount of the judgment, interest and probable costs. Upon such
				an appeal or objection, the magisterial district judge will notify you of the
				date and time of the hearing on the appeal or objection. You must be prepared
				at the hearing to present your side of the case. An appeal from an appraisal or
				designation of property made by the officer executing this order may simply
				state, "I appeal from the (appraisal) (designation) made by the officer
				executing the order of execution against me (name)." An objection to the levy
				on the ground that it is illegal or is excessive compared to the amount of the
				judgment, interest and probable costs may simply state, "I object to the levy
				against me (name) on the ground that it is (illegal) (excessive)." Appeals and
				objections should be made in writing.
(6) YOU MAY FEEL THAT YOU NEED THE ADVICE OF
				A LAWYER IN THIS MATTER. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO
				TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL
				HELP.
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