Adopted June 23, 1975 · Not amended since adoption · Last verified June 30, 2026
In one sentenceRule 1075 allows the sheriff to seize the disputed property before judgment under a writ of seizure, which a court may issue only after notice and a hearing or, in limited circumstances, ex parte.
Full Text of Rule 1075
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The property which is the subject matter of the action may be seized by the sheriff before judgment pursuant to a writ of seizure. The writ of seizure shall be issued only upon an order of court entered upon notice and hearing pursuant to Rule 1075.1 or ex parte pursuant to Rule 1075.2.
End
Plain-English Summary
Replevin lets a plaintiff recover goods, and this rule lets the court secure those goods before the case ends. The sheriff may seize the property under a writ of seizure, but the writ issues only on a court order.
That order normally follows notice and a hearing; in limited circumstances it may be entered ex parte. Requiring a court order guards the defendant against having property taken without a chance to be heard.
Frequently Asked Questions
Can property be seized before the replevin case is decided?
Yes. The sheriff may seize it before judgment under a writ of seizure issued by court order.
Does the defendant get notice first?
Usually yes, through a hearing; an ex parte order is allowed only in limited circumstances.
Amendment History
The provisions of this Rule 1075 adopted June 23, 1975, effective October 1, 1975, 5 Pa.B. 1824.
Source & verification. Rule text, the Official Note, and the amendment
history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation
of rules adopted by the Supreme Court of Pennsylvania. This rule has not been amended since its adoption. Last verified June 30, 2026. ·
Official text
Also known as:writ of seizurepre-judgment seizure replevinsheriff seize property