Rule 1077.Disposition of Seized Property. Sheriff’s Return.
Adopted June 25, 1946 · Last amended April 12, 1999 · Last verified June 30, 2026
In one sentenceThis rule directs how the sheriff handles property taken under a writ of seizure — leaving or holding it during the counterbond period, delivering it to whoever posts a counterbond, dealing with perishables, and stating the disposition in the return.
(a)When a writ of seizure is issued, the sheriff shall leave the property during the time allowed for the filing of a counterbond in the possession of the defendant or of any other person found in possession of the property if the plaintiff so authorizes the sheriff in writing.
(b)Property taken into possession by the sheriff shall be held by the sheriff until the expiration of the time for filing a counterbond. If the property is not ordered to be impounded and if no counterbond is filed, and if no proceedings are pending and undecided under Rule 1075.1(g) or Rule 1075.2(c), the sheriff shall deliver the property to the plaintiff.
(c)If the property is not ordered to be impounded and the person in possession at the time the sheriff executed the writ of seizure files a counterbond, the property shall be delivered to that person. If that person does not file a counterbond, the property shall be delivered to the party first filing a counterbond.
(d)When perishable property is seized the court may make such order relating to its sale or disposition as shall be proper.
(e)The return of the sheriff to the writ of seizure shall state the disposition made by the sheriff of the property and the name and address of any person found in possession of the property.
End
Plain-English Summary
This rule governs what happens to goods the sheriff seizes in replevin. During the time allowed to file a counterbond, the sheriff holds the property, or leaves it with the person found in possession if the plaintiff authorizes that in writing; if no counterbond is filed and the property is not impounded, it is delivered as the rules provide, and if the person in possession files a counterbond, the property is returned to that person.
Perishable property may be sold or otherwise dealt with as the court orders. The sheriff’s return must state how the property was disposed of and name and locate anyone found in possession. The steps balance the competing claims to the goods while the right to possession is sorted out.
Frequently Asked Questions
What happens to seized property during the counterbond period?
The sheriff may leave it with the defendant or other possessor if the plaintiff so authorizes.
Amendment History
The provisions of this Rule 1077 adopted June 25, 1946, effective January 1, 1947; amended July 23, 1975, effective October 1, 1975, 5 Pa.B. 1824; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266. Immediately preceding text appears at serial page (212324).
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. Last verified June 30, 2026. ·
Official text
Also known as:disposition of seized propertysheriff's return replevincustody of seized goods