(a) The sheriff shall execute the writ against real property of the defendant, title to which is recorded in the name of a third party, by serving the third party as garnishee and noting upon the writ a description of the real property and a statement that the sheriff has levied upon defendant’s interest therein.
Rule 3112.Service of the writ upon garnishee; real property of defendant in name of third party.
Last amended April 12, 1999 · Last verified June 30, 2026
In one sentenceTo reach the debtor’s real property titled in a third party’s name, the sheriff serves that third party as garnishee, with methods for service in another county by deputizing its sheriff, outside the state by a competent adult, or by posting when service fails.
Full Text of Rule 3112
(b) The plaintiff shall have the right of service upon the garnishee
(1) in any other county by having the sheriff of the county in which the writ is issued deputize the sheriff of the other county where service may be had, or
(2) outside the state by having any competent adult serve the garnishee personally and file an affidavit thereof in the action.
(c) A garnishee who cannot be served as provided in Rules 3111(a) or 3112(b) shall be served by (1) posting a copy of the writ on a public part of the property and (2) handing a copy of the writ to the person in actual possession of the property or, if no one is in actual possession, by sending the garnishee a copy of the writ together with an inventory of the property attached, by registered mail directed to the garnishee’s 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 spe- cial order shall direct.
Plain-English Summary
This rule reaches land the debtor owns but holds in someone else’s name. The sheriff executes by serving the third party as garnishee and noting a description of the property on the writ.
The creditor may obtain service in another county by having the issuing county’s sheriff deputize the sheriff there, or outside the state by having any competent adult serve the garnishee and file an affidavit. A garnishee who cannot be served by the ordinary methods is served by posting a copy on a public part of the property and handing a copy to the person in actual possession. The layered methods make sure a third-party titleholder can be brought in wherever located.
Frequently Asked Questions
When is this service used?
When real property of the defendant is held in the name of a garnishee or third party.
How may the real owner be served?
By the methods the rule allows, which include substituted service and service by publication.
Official Note
Official Note: Registered mail includes certified mail. See Definition Rule 76. The remedies available under the Pennsylvania Uniform Fraudulent Transfer Act, 12 Pa.C.S. § 5107, are not suspended by these rules.
Amendment History
The provisions of this Rule 3112 amended through June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452; amended April 20, 1998, effective July 1, 1998, 28 Pa.B. 2026; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281. Immediately preceding text appears at serial page (243906).
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: service garnishee real property third party