(a) The sheriff shall levy upon property of the defendant in a safe deposit box by serving the depository or custodian of the box.
Rule 3110.Execution against contents of safe deposit box.
Adopted March 30, 1960 · Last amended April 12, 1999 · Last verified June 30, 2026
In one sentenceThe sheriff levies on a safe deposit box by serving the institution that holds it, which freezes the box, and the court may order it opened on a rule to show cause, requiring the creditor to post a bond before any box is forced.
Full Text of Rule 3110
(b) Service of the writ shall enjoin the depository or custodian from opening or permitting the opening of the box except as directed by the court.
(c) The court, on petition of the plaintiff, shall grant a rule on the defendant, the depository or custodian, and any person who has the right to open the box, to show cause why the box should not be opened in the presence of the sheriff, by force if necessary, and the property of the defendant found therein delivered to the sheriff. If the defendant, the depository or custodian, or a person who has the right to open the box cannot be served personally with the petition and rule, that person shall be served by sending a copy of the petition and rule by registered mail directed to his or her last known address or, if no address is known and an affidavit to that effect is filed, by publication in such manner as the court by local rule or special order shall direct.
(d) The court shall not order the opening of a box by force unless the plain- tiff furnishes bond or security deemed sufficient by the court to indemnify the depository or custodian against loss caused by the opening of the box.
Plain-English Summary
This rule reaches what a debtor keeps in a safe deposit box. The sheriff levies by serving the depository or custodian, and that service enjoins anyone from opening the box except as the court directs.
To get into the box, the creditor petitions for a rule on the debtor, the custodian, and anyone with a right to open it, to show cause why it should not be opened. Before ordering a box opened by force, the court must have a bond or security sufficient to indemnify the custodian against loss from the opening. The steps protect the institution and other box-holders while still letting a creditor reach concealed assets.
Frequently Asked Questions
Can a safe deposit box be reached in execution?
Yes. The rule provides for execution against its contents, by force if necessary, upon petition.
Why is a special rule needed?
Boxes could not be levied on directly under prior practice, so the rule supplies a procedure.
Official Note
Official Note: ‘‘Registered mail’’ includes certified mail. See Definition Rule No. 76.
Amendment History
The provisions of this Rule 3110 adopted March 30, 1960, effective November 1, 1960; amended November 14, 1978, effective December 2, 1978, 8 Pa.B. 3410; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281. Immediately preceding text appears at serial pages (243904) to (243905).
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: execution safe deposit box