(a) A defendant entitled to a statutory exemption may claim it in kind or in cash at any time before the date of sale by notifying the sheriff of his or her claim and, if the exemption is claimed in kind, by designating the property which he or she elects to retain as exempt. Failure of the defendant to claim the statutory exemption shall not constitute a waiver thereof.
Rule 3123.Debtor’s exemption.
Last amended April 12, 1999 · Last verified June 30, 2026
In one sentenceA defendant entitled to a statutory exemption may claim it in kind or in cash any time before the sale by telling the sheriff, and even without a claim the sheriff must set aside exempt property; a party may appeal the sheriff’s appraisal or designation within forty-eight hours.
Full Text of Rule 3123
(b) Upon receipt of a claim for exemption in kind the sheriff shall set aside, from the designated property, enough thereof as appraised by the sheriff, to equal the value of the exemption, unless the property is incapable of division. In the event of failure of the defendant to claim the statutory exemption, the sheriff shall similarly choose, appraise, and set aside property in kind. Real property claimed shall be described by metes and bounds and the description shall be included in the sheriff’s return.
(c) If the property held by the sheriff in kind cannot be set aside because it is not capable of appropriate division, the sheriff shall set aside from the proceeds of the sale and pay to the defendant in cash the amount of the statutory exemp- tion.
(d) Any party in interest may, within forty-eight hours, appeal to the court from the sheriff’s appraisal or designation of property. The sheriff shall proceed with the sale as to the remainder of the property levied upon unless the sale shall be postponed by order of the court or written direction of the plaintiff.
Plain-English Summary
Pennsylvania gives debtors a statutory exemption from execution. This rule is the mechanics of claiming it.
The defendant claims the exemption in kind or in cash at any point before the sale by notifying the sheriff, and by designating the property to keep if the claim is in kind. Failing to claim it is not a waiver — if the defendant says nothing, the sheriff still chooses, appraises, and sets aside property to equal the exemption. When the property cannot be divided, the sheriff pays the exemption in cash out of the sale proceeds.
Any party in interest may appeal the sheriff’s appraisal or designation to the court within forty-eight hours. Meanwhile the sale of the remaining property goes ahead unless the court or the plaintiff postpones it.
Frequently Asked Questions
Does the debtor lose the exemption by not claiming it?
No. The rule states that failure to claim the statutory exemption is not a waiver; the sheriff must set aside exempt property even if the defendant makes no claim.
How long is there to challenge the sheriff’s appraisal?
Any party in interest may appeal to the court within forty-eight hours of the sheriff’s appraisal or designation of property.
Official Note
Official Note: See Mayhugh v. Coon, 460 Pa. 128, 331 A.2d 452 (1975).
Official Note: See Rule 3123.1 for the requirement of a prompt court hearing upon a claim for exemption of property from execution.
Amendment History
The provisions of this Rule 3123 amended March 16, 1981, effective March 27, 1981, 11 Pa.B. 1075; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2188. Immediately preceding text appears at serial pages (243910) to (243911).
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: debtor exemptionstatutory exemptionexemption in kind