Rule 1659.Compelling Commencement of Action.

Adopted November 29, 1963 · Last amended April 12, 1999 · Last verified June 30, 2026

In one sentenceRule 1659 lets a property owner force a lien claimant who has filed a claim but no complaint to commence the action within twenty days or lose the claim.

Full Text of Rule 1659

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If a claimant has filed a claim and does not file a complaint, the prothonotary, upon praecipe of an owner, shall enter a rule as of course upon the claimant to file a complaint within twenty days after service of the rule, or be forever barred from so doing. If the claimant fails to do so, the prothonotary, upon praecipe of the owner and proof of service, shall enter judgment for the defendant.

End

Plain-English Summary

A filed lien can cloud a property's title indefinitely if the claimant never sues. This rule gives the owner a tool: on praecipe, the prothonotary enters a rule requiring the claimant to file a complaint within twenty days of service, or the claim is forever barred. It forces a claimant to either pursue the lien or give it up.

Frequently Asked Questions

Can an owner force a lien claimant to sue?

Yes. On the owner's praecipe, the claimant must file a complaint within twenty days of service or be forever barred.

Official Note

Official Note: See Rule 440 as to method of service of rule and Rule 405(b) as to form of affidavit.

Amendment History

The provisions of this Rule 1659 adopted November 29, 1963, effective January 1, 1964; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010; amended December 2, 1994, effective July 1, 1995, 24 Pa.B. 6259; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266. Immediately preceding text appears at serial page (195291).

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: compel commencement lienrule to file complaintforce lien claimant to sue