(a) A defendant may claim exemption or immunity of property from levy or attachment by filing with the sheriff a claim substantially in the form provided by Rule 3252(a). The defendant may include in the claim a demand for a prompt hearing. The sheriff shall immediately notify the plaintiff and garnishee of the filing of the claim.
Rule 3123.1.Claim for exemption or immunity of property; prompt hearing.
Adopted March 16, 1981 · Last amended April 20, 1998 · Last verified June 30, 2026
In one sentenceA defendant may claim that property is exempt or immune from levy or attachment by filing a claim with the sheriff and may demand a prompt hearing, which the court must hold within five business days, and judgment against a garnishee is held off while the claim is pending.
Full Text of Rule 3123.1
(b) The sheriff shall immediately present the matter to the court. The court shall hear the claim within five business days thereafter upon such notice to the parties as the court shall direct and shall promptly dispose of the matter on the testimony, admissions or other evidence.
(c) Judgment may not be entered against the garnishee pursuant to Rule 3146(b) until the expiration of twenty days from the date of service of the writ of execution upon the garnishee. If a claim for exemption is pending, judgment pur- suant to Rule 3146(b) may be entered only by agreement of the parties or by leave of court.
Plain-English Summary
This rule gives a defendant a fast track to test a claim that property cannot be taken. The claim is filed with the sheriff on the form the rules provide, and it may include a demand for a prompt hearing.
Once the claim is filed, the sheriff notifies the plaintiff and any garnishee and brings the matter to the court. The court must hear the claim within five business days and dispose of it promptly on the evidence.
The rule also protects the defendant’s money in a garnishee’s hands: no judgment may be entered against the garnishee under the default-and-admission rule until twenty days after the writ is served, and while an exemption claim is pending such a judgment can be entered only by agreement or leave of court.
Frequently Asked Questions
How fast is the hearing on an exemption claim?
The court must hear the claim within five business days after the sheriff presents it.
Can a garnishee judgment be entered while the claim is pending?
Only by agreement of the parties or by leave of court; otherwise it waits.
Official Note
Official Note: Pennsylvania and Federal law provide numerous exemptions of property from execution, including the following: Exemptions under Pennsylvania Law 1. General $300 statutory exemption, 42 Pa.C.S. § 8123. 2. Particular personal property exemption—wearing apparel, bibles and school books, sewing machines, uniforms and equipment, 42 Pa.C.S. § 8124(a). 3. Certain retirement funds and accounts, 42 Pa.C.S. § 8124(b): Public School Employes’ Retirement Fund, 24 Pa.C.S. § 8533 and 42 Pa.C.S. § 8124(b)(1)(i). State Employes’ Retirement Fund, 42 Pa.C.S. § 8124(b)(1)(ii) and 71 Pa.C.S. § 5953. Police Pension Funds, 42 Pa.C.S. § 8124(b)(1)(iii). Philadelphia Pension Fund, 42 Pa.C.S. § 8124(b)(1)(iv). Pittsburgh Pension Fund, 42 Pa.C.S. § 8124(b)(1)(v). Pennsylvania Municipal Retirement Fund, 42 Pa.C.S. § 8124(b)(1)(vi). Private employes’ pensions or annuity funds, 42 Pa.C.S. § 8124(b)(1)(vii). Self-employed retirement or annuity funds, 42 Pa.C.S. § 8124(b)(1)(viii). Retirement or annuity funds provided for under the Internal Revenue Code, 42 Pa.C.S. § 8124(b)(1)(ix). 4. Certain insurance proceeds, 42 Pa.C.S. § 8124(c). Fraternal society benefits, 42 Pa.C.S. § 8124(c)(1),(8). Workmen’s compensation, 42 Pa.C.S. § 8124(c)(2). Group insurance, 42 Pa.C.S. § 8124(c)(5). Life insurance and annuities, 42 Pa.C.S. § 8124(c)(3), (4), (6). Accident and disability insurance, 42 Pa.C.S. § 8124(c)(7). No-fault motor vehicle accident benefits, 42 Pa.C.S. § 8124(c)(9). 5. Personal earnings, subject to the exceptions under 23 Pa.C.S. Pt. IV relating to divorce and for support, board, certain damages arising from a residential lease, and student loan obligations, 42 Pa.C.S. § 8127. 6. Tangible personal property on international exhibition, 42 Pa.C.S. § 8125. 7. Common carrier, property in interstate transit, 42 Pa.C.S. § 8126. 8. Certain veteran benefits. Veterans’ litigation awards (Vietnam herbicide), 51 Pa.C.S. § 7902(a) Sums payable under: the Veterans’ Compensation Act, 51 P. S. § 20012. the World War II Veterans Compensation Act, 51 P. S. § 20048. the Korean Conflict Veterans Compensation Act, 51 P. S. § 20098. the Vietnam Conflict Veterans’ Compensation Act, 51 P. S. § 20127. Exemptions under Federal Law 1. Certain wages and compensation: Longshoremen’s and harborworkers’ compensation, 33 U.S.C. § 916. Injury or death resulting from war-risk hazard, 42 U.S.C. § 1717. 2. Social Security benefits, 42 U.S.C. § 407. 3. Certain retirement funds and accounts: Civil Service, 5 U.S.C. § 8346(a). Foreign Service, 22 U.S.C. § 4060(c). Railroad Retirement, 45 U.S.C. § 231m. Judges’ widows’ annuities, 28 U.S.C. § 376(n). 4. Certain veteran and armed forces benefits: Laws administered by the Veterans Administration, 38 U.S.C. §§ 1970 and 5301. Armed Forces Survivor Benefit Plan, 10 U.S.C. § 1450(i). Savings deposited with armed forces, 10 U.S.C. § 1035(d). Medal of Honor Roll Special Pension, 38 U.S.C. § 1562(c). 5. Miscellaneous: Property of a foreign state, 28 U.S.C. §§ 1609, 1611. Rail Fund, 45 U.S.C. § 822(e).
Amendment History
The provisions of this Rule 3123.1 adopted March 16, 1981, effective March 27, 1981, 11 Pa.B. 1075; amended April 20, 1998, effective July 1, 1998, 28 Pa.B. 2026. Immediately preceding text appears at serial pages (213409) to (213411).
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: claim for exemptionimmunity from attachmentprompt hearing exemption