(a) Plaintiff at any time after judgment, before or after the issuance of a writ of execution, may, for the purpose of discovery of assets of the defendant, take the testimony of any person, including a defendant or a garnishee, upon oral examination or written interrogatories as provided by the rules relating to Depo- sitions and Discovery. The prothonotary of the county in which judgment has been entered or of the county within this Commonwealth where the deposition is to be taken, shall issue a subpoena to testify.
Rule 3117.Discovery in aid of execution.
Adopted March 30, 1960 · Last amended April 20, 1998 · Last verified June 30, 2026
In one sentenceAfter judgment, before or after a writ issues, the creditor may take the testimony of anyone — including the debtor or a garnishee — to discover the debtor’s assets, with the reasonable costs taxable to the debtor if leviable property is found.
Full Text of Rule 3117
(b) All reasonable expenses in connection with the discovery may be taxed against the defendant as costs if it is ascertained by the discovery proceedings that the defendant has property liable to execution.
Plain-English Summary
This rule opens discovery aimed at finding what the debtor has. At any time after judgment, before or after a writ of execution issues, the creditor may examine any person, including the debtor or a garnishee, to discover assets subject to execution, using the regular deposition and discovery procedures.
If the discovery turns up property liable to execution, the reasonable expenses of the inquiry may be taxed against the debtor as costs. The Official Note preserves the judgment debtor’s statutory immunity provisions. The rule recognizes that collecting a judgment often depends first on locating the money.
Frequently Asked Questions
What is discovery in aid of execution?
Court-authorized inquiry to find the debtor's property so a judgment can be collected.
When may it be taken?
Either before or after the writ of execution issues, under the deposition and discovery rules.
Official Note
Official Note: The immunity provisions of Section 5941(b) of the Judicial Code, 42 Pa.C.S. § 5941(b), relating to the judgment debtor remain unsuspended by these rules.
Amendment History
The provisions of this Rule 3117 adopted March 30, 1960, effective November 1, 1960; amended April 20, 1998, effective July 1, 1998, 28 Pa.B. 2026. Immediately preceding text appears at serial page (213406).
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: discovery in aid of execution