The sheriff may abandon the levy if
Rule 3120.Abandonment of levy.
Adopted March 30, 1960 · Last amended March 30, 1960 · Last verified June 30, 2026
In one sentenceThe sheriff may treat a levy as abandoned if the plaintiff does not pay the sheriff’s fees and costs on demand, or if no sale is held within six months after the levy unless the court has stayed the proceedings or extended the time.
Full Text of Rule 3120
(1) the plaintiff fails to make payment promptly upon demand of the sher- iff’s proper fees and costs, or
(2) sale of the property levied upon is not held within six (6) months after levy, unless the procedings are stayed or the time for sale is extended by the court.
Plain-English Summary
A levy is not meant to sit open forever. This rule lets the sheriff walk away from it in two situations, releasing the sheriff from holding the property.
The first is non-payment. If the plaintiff fails to pay the sheriff’s proper fees and costs promptly on demand, the sheriff may abandon the levy. The second is delay: if no sale takes place within six months of the levy, the sheriff may abandon it.
The six-month clock stops if the court stays the proceedings or extends the time for sale, so a creditor who needs more time can ask the court rather than lose the levy.
Frequently Asked Questions
When can a sheriff abandon a levy?
When the plaintiff does not pay the sheriff’s fees and costs on demand, or when no sale is held within six months after the levy and the court has not stayed the case or extended the time.
Can the six-month limit be extended?
Yes. The court may stay the proceedings or extend the time for sale, which keeps the levy alive past six months.
Official Note
Official Note: Adopted March 30, 1960, effective November 1, 1960.
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: abandonment of levysix months to sellsheriff abandons levy