(a) The sheriff may, or at the direction of the plaintiff shall, take manual pos- session or custody of any tangible personal property of the defendant upon which the sheriff has made a levy.
Rule 3109.Manual possession; retention of possession.
Adopted March 30, 1960 · Last amended April 12, 1999 · Last verified June 30, 2026
In one sentenceThe sheriff may, and at the creditor’s direction must, take physical possession of the debtor’s levied tangible personal property and hold it until the proceedings end, unless the levy is released, abandoned, or the creditor fails to post required security.
Full Text of Rule 3109
(b) The sheriff shall thereafter hold the property until termination of the pro- ceedings, unless
(1) otherwise authorized in writing by the plaintiff;
(2) the levy is abandoned, set aside or withdrawn;
(3) the property is released from the levy; or
(4) the plaintiff fails to give bond or security required by these rules.
(c) If the sheriff does not retain possession of the property taken, it shall be returned to the person from whom it was taken.
(d) The sheriff may require bond or security for the actual or estimated cost of retaining possession of and preserving property levied upon.
Plain-English Summary
This rule governs custody of seized goods. After a levy on tangible personal property, the sheriff may take manual possession, and must do so if the creditor directs.
The sheriff then holds the property until the proceedings end, unless the creditor authorizes otherwise in writing, the levy is abandoned, set aside, or withdrawn, the property is released, or the creditor fails to give a required bond. Property not retained is returned to the person it was taken from. Because holding and preserving goods costs money, the sheriff may require bond or security for the actual or estimated expense, shifting that cost to the creditor who wants the goods kept.
Frequently Asked Questions
When does the sheriff take manual possession?
When the rule directs, to secure property that has been levied upon.
Why retain possession?
Holding the property preserves it for the execution sale and prevents its loss or transfer.
Amendment History
The provisions of this Rule 3109 adopted March 30, 1960, effective November 1, 1960; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281. Immediately preceding text appears at serial page (243904).
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: manual possession retention