Rule 3121.Stay of execution; setting aside execution.
Adopted March 30, 1960 · Last amended April 12, 1999 · Last verified June 30, 2026
In one sentenceThis rule lists when execution must be stayed, when the court may stay it, and when the court may set aside the writ, service, or levy, and it requires the defendant to raise all objections at one time.
(a)Execution shall be stayed as to all or any part of the property of the defendant.
(1)upon written direction of the plaintiff to the sheriff:
(2)upon the entry of bond with the prothonotary, by any person or party in interest, with security approved by the prothonotary, in the amount of plain- tiff’s judgment, including probable interest and costs, or in such lesser amount as the court may direct, naming the Commonwealth of Pennsylvania as obli- gee, and conditioned to pay the amount due within ninety (90) days of the entry of bond, unless the time for payment be further extended by the court;
(3)pending disposition of a property claim filed by a third party;
(4)upon a showing of exemption or immunity of property from execution;
(5)upon a showing of a right to a stay under the provisions of an Act of Congress or any Act of Assembly.
(b)Execution may be stayed by the court as to all or any part of the property of the defendant upon its own motion or application of any party in interest showing
(1)a defect in the writ, levy or service; or
(2)any other legal or equitable ground therefor.
(c)In an order staying execution the court may impose such terms and con- ditions or limit the stay to such reasonable time as it may deem appropriate.
(d)The court may on application of any party in interest set aside the writ, service or levy
(1)for a defect therein;
(2)upon a showing of exemption or immunity of property from execution, or
(3)upon any other legal or equitable ground therefor.
(e)All objections by the defendant shall be raised at one time.
(f)After the termination of a stay, sale may be had without reissuance of the writ.
Plain-English Summary
Execution can be paused or undone, and this rule sorts those powers into mandatory and discretionary categories.
Some stays are required: on the plaintiff’s written direction to the sheriff, on a bond conditioned to pay within ninety days, while a third party’s property claim is pending, on a showing that the property is exempt or immune, and where a federal or state statute grants a stay. Beyond those, the court may stay execution on its own motion or on application showing a defect in the writ, levy, or service, or any other legal or equitable ground.
The court may also set aside the writ, service, or levy for a defect, for exemption or immunity, or on other legal or equitable grounds, and it can attach terms or time limits to a stay. The defendant must raise every objection at once. After a stay ends, the sale may go forward without reissuing the writ.
Frequently Asked Questions
When must execution be stayed?
On the plaintiff’s written direction, on a qualifying bond, while a third party’s property claim is pending, on a showing of exemption or immunity, or where a federal or state statute grants a stay.
Does the defendant have to raise objections separately?
No. The rule requires the defendant to raise all objections to the execution at one time.
Is a new writ needed after a stay is lifted?
No. Once the stay ends, the sale may proceed without reissuance of the writ.
Official Note
Official Note: The defendant may under these rules obtain a stay upon a showing that the net rents or income can satisfy the judgment, interest and costs within a reasonable time, that a stay will not imperil the ultimate collection of the judgment and that in balancing the equities no undue hardship will be inflicted on the plaintiff. The court may in granting stay provide for payment to the plaintiff or may order sequestration of the rents or income.
Official Note: The garnishee may however raise the defenses of exemption or immunity of property from execution by preliminary objection or in answers to interrogatories. See Rules 3142(a) and (c) and 3145(b).
Amendment History
The provisions of this Rule 3121 adopted March 30, 1960, effective November 1, 1960; amended April 20, 1998, effective July 1, 1998, 28 Pa.B. 2026; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2188. Immediately preceding text appears at serial pages (243909) to (243910).
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:stay of executionsetting aside executionbond to stay execution