Rule 2958.1.Notice Served Prior to Execution.

Adopted April 1, 1996 · Last amended May 14, 1999 · Last verified June 30, 2026

In one sentenceA written notice in the Rule 2964 form must be served on the defendant at least thirty days before the praecipe for execution is filed.

Full Text of Rule 2958.1

Text sizeJump to: (a) (b) (c)

(a) A written notice substantially in the form prescribed by Rule 2964 shall be served on the defendant at least thirty days prior to the filing of the praecipe for a writ of execution.

(b) The notice shall be served

(1) upon a defendant in the judgment who has not entered an appearance

(i) by the sheriff or by a competent adult who is not a party to the action in the manner prescribed by Rule 402(a) for the service of original process upon a defendant, or

(ii) by the plaintiff mailing a copy in the manner prescribed by Rule 403, or

(iii) pursuant to special order of court as prescribed by Rule 430 if ser- vice cannot be made as provided in subparagraphs (i) or (ii), or

(2) upon a defendant in the judgment who has entered an appearance, by the plaintiff in the manner provided by Rule 440.

Plain-English Summary

This is one of the chapter’s pre-execution notice options. Before filing the execution praecipe, the plaintiff serves the defendant with a written notice that follows the Rule 2964 form, and must do so at least thirty days ahead. The waiting period gives the debtor time to seek relief from the judgment.

Frequently Asked Questions

How far in advance must this notice go out?

At least thirty days before the praecipe for a writ of execution is filed.

What form does the notice take?

A written notice substantially in the form prescribed by Rule 2964.

Official Note

Official Note: The notice provided for by this rule may be served in all executions within the scope of Rule 2956.1(c). If notice is served under this rule at least thirty days prior to the filing of the praecipe, notice need not be given under Rule 2958.2 governing execution upon real property or Rule 2958.3 governing execution upon personal or personal and real property. Con- versely, if notice is served under either Rule 2958.2 or 2958.3, notice need not be given under this rule. Rule 2957(b) governing the praecipe for the writ of execution requires a certification that notice has been given as provided by this rule. Rule 2959(a)(3) requires a petition for relief from a confessed judgment to be filed within thirty days after service of notice pursuant to this rule.

Amendment History

The provisions of this Rule 2958.1 adopted April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806; amended May 14, 1999, effective July 1, 1999, 29 Pa.B. 2767. Immediately preceding text appears at serial pages (256981) to (256982). (Editor’s Note: The Supreme Court of Pennsylvania has suspended its order of June 14, 1999, published at 29 Pa.B. 3191 (June 26, 1999). See 29 Pa.B. 4859 (Septem- ber 18, 1999).)

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: notice prior to execution confessionthirty day notice confession