When the writ is issued to another county, proceedings for stay shall, at the option of the defendant, be taken in the county from which the writ issued or to which it is directed. Interpleader proceedings and all other procedings relating to the levy shall be carried on only in the county where the levy is made.
Rule 3122.Venue of stay and other proceedings.
Adopted March 30, 1960 · Last amended April 20, 1998 · Last verified June 30, 2026
In one sentenceWhen the writ is sent to another county, the defendant may take stay proceedings either in the county where the writ issued or the county where it is directed, but interpleader and other proceedings about the levy are handled only in the county where the levy is made.
Full Text of Rule 3122
Plain-English Summary
Execution can cross county lines, and this rule fixes where the related court proceedings belong.
For a stay, the defendant chooses: the county that issued the writ or the county to which it was sent. That option spares the defendant from litigating a stay far from home when the writ travels.
Everything else — interpleader and other proceedings tied to the levy — stays in the county where the levy was made, where the property and the records are.
Frequently Asked Questions
Where can a defendant seek a stay when the writ went to another county?
At the defendant’s option, in either the county where the writ issued or the county to which it is directed.
Where are interpleader and other levy proceedings handled?
Only in the county where the levy is made.
Official Note
Official Note: By Rule 3141(b) the garnishee is given a similar option as to the venue of the proceedings. Rule 2959(a)(i) authorizes the defendant in a confessed judgment to petition to open the judgment in the county in which the judgment is entered or in the county of execution.
Amendment History
The provisions of this Rule 3122 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 (213408).
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: venue of staycounty for execution proceedings