Last amended April 20, 1998 · Last verified June 30, 2026
In one sentenceThis rule prescribes how the sheriff serves the writ for each kind of property — levy for tangible goods, garnishment for debts, liens, partnership interests, and intangibles, and notation for the debtor’s own real property — and requires the sheriff to mail the debtor a copy.
(a)Service of the writ shall be made by the sheriff in the case of
(1)tangible personal property, by levy thereon or, if the property is in pos- session of a third person who prevents a levy or fails to make the property of the defendant available to the sheriff for levy, by serving the third person as garnishee;
(2)a lien upon real property created under a mortgage, judgment or other- wise, by serving as garnishee the mortgagor, judgment or lien debtor, and the real owner of the real property upon which the mortgage, judgment or other lien is secured, as provided in Rule 3113;
(3)the interest of the defendant in a partnership, by serving the partnership as garnishee;
(4)other intangible personal property and rents, by serving a garnishee;
(5)real property of the defendant, title to which is recorded in the name of a third party, by levy and attachment as provided by Rule 3112;
(6)all other real property in the county, by noting upon the writ a brief description of the real property levied upon and a statement that the sheriff has levied upon the defendant’s interest therein.
(b)Upon levy or attachment, the sheriff shall mail a copy of the writ to the execution defendant at the last known address. The plaintiff shall provide the sheriff with copies of the writ and envelopes for mailing properly stamped and addressed. The sheriff shall note in the return the mailing of the writ and the date thereof.
Plain-English Summary
This rule matches the method of service to the type of property reached. Tangible personal property is taken by levy, or by serving a third person who blocks a levy as garnishee. A lien on real property is reached by serving the mortgagor, lien debtor, and real owner as garnishees; a partnership interest by serving the partnership; other intangibles and rents by serving a garnishee; and the debtor’s own real property by noting the levy on the writ.
Real property titled in a third party’s name is reached under a separate rule. On levy or attachment, the sheriff mails a copy of the writ to the debtor at the last known address, with the creditor supplying the copies and stamped envelopes, so the debtor learns that execution has begun.
Frequently Asked Questions
How does service reach a garnishee?
The rule provides for serving the writ on a garnishee, which subjects property of the debtor in the garnishee's hands to the attachment.
What is the effect of notice of execution?
It informs those affected that the writ has issued and execution is proceeding.
Official Note
Official Note: The following Acts of Assembly remain unsuspended: The Uniform Commercial Code, 13 Pa.C.S. § 7602, requiring seizure, surrender or injunction against negotiation of negotiable documents of title covering goods in the possession of a bai- lee. The Uniform Commercial Code, 13 Pa.C.S. § 8112, providing for the legal process by a creditor to reach a certificated security, an uncertificated security and a security entitlement. The Pawn Brokerage Act of April 6, 1937, P. L. 200, § 21 63 P. S. § 281—21, providing that pawnbrokers shall not be required by legal process to deliver a pledge without surrender of the pawn ticket unless the pawn ticket has been impounded or its negotiation enjoined. For special provisions relating to access to safe deposit boxes see Rule 3110.
Official Note: Only personal service upon the mortgagor or judgment debtor in the same manner as a writ of summons in a civil action will attach the personal liability of the mortgagor on the bond or the personal liability of the judgment debtor on the judgment.
Official Note: Rents may also be ordered sequestered under Rule 3114 relating to execu- tion against real property or a mortgage or lien thereon.
Amendment History
The provisions of this Rule 3108 amended through December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999; amended April 20, 1998, effective July 1, 1998, 28 Pa.B. 2026. Immediately preceding text appears at serial pages (213401) to (213402).
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