A judgment entered in an action shall be the obligation of the minor only. A guardian shall not be individually liable for the payment of any judgment entered against the minor. The guardian shall also not be individually liable for any of the costs of the action except costs taxed against a minor plaintiff, and costs taxed against a minor defendant asserting a setoff or counterclaim.
Rule 2038.Judgments and Costs.
Adopted February 14, 1939 · Not amended since adoption · Last verified June 30, 2026
In one sentenceRule 2038 provides that a judgment in a minor's action is the obligation of the minor only, not the guardian, who is not individually liable.
Full Text of Rule 2038
Plain-English Summary
A guardian who steps in to litigate for a child does not take on the child's liabilities. This rule provides that a judgment entered in the action is the obligation of the minor only, and that the guardian is not individually liable for paying it — protecting people who serve as guardians from personal exposure.
Frequently Asked Questions
Is a minor's guardian personally liable for a judgment?
No. The judgment is the obligation of the minor only; the guardian is not individually liable.
Amendment History
The provisions of this Rule 2038 adopted February 14, 1939, effective September 4, 1939.
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: minor judgment obligationguardian not liableminor costs judgment