(a) Notice of sale of personal property shall be given by the sheriff at least six (6) days prior to sale by handbills posted at the sheriff’s office, the place of sale and the place of levy, if different from the place of sale.
Rule 3128.Notice of sale; personal property.
Adopted March 30, 1960 · Last amended April 12, 1999 · Last verified June 30, 2026
In one sentenceNotice of a sheriff’s sale of personal property is given by handbills at least six days before the sale, and the notice must tell claimants to file claims before the sale and explain the schedule of distribution and the ten-day window to file exceptions.
Full Text of Rule 3128
(b) The notice of sale shall include a notice that all claims to the property must be filed with the sheriff before sale and all claims to the proceeds before distribution; that a sheriff’s schedule of distribution will be filed in the sheriff’s office on a date specified by the sheriff, not later than five days after sale; and that distribution will be made in accordance with the schedule unless exceptions are filed within ten days thereafter. No further notice of the filing of the schedule of distribution need be given.
(c) If the sale is stayed, or continued or adjourned generally, new notice shall be given as provided by Subdivisions (a) and (b). If the sale is continued or adjourned at the direction of the plaintiff to a date certain within thirty (30) days, and public announcement of the adjournment and new date is made to the bid- ders assembled at the time and place originally fixed for the sale, no new notice shall be required, but there may be only one such continuance or adjournment to a date certain without new notice.
(d) The court may by local rule or special order require additional notice to the defendant.
Plain-English Summary
This rule sets the notice for selling personal property at execution. The sheriff posts handbills at the sheriff’s office, the place of sale, and the place of levy at least six days ahead.
The notice does double duty. It warns that claims to the property must be filed before the sale and claims to the proceeds before distribution, and it explains that the sheriff will file a schedule of distribution within five days after the sale, with distribution following that schedule unless exceptions are filed within ten days.
If a sale is stayed or continued generally, fresh notice is required; a short continuance to a date certain within thirty days, announced to the bidders, needs no new notice but is allowed only once. A court may by local rule or special order require extra notice to the defendant.
Frequently Asked Questions
How much notice is required before a personal-property sale?
At least six days, by handbills posted at the sheriff’s office, the place of sale, and the place of levy.
How long is there to object to the distribution?
Exceptions to the schedule of distribution must be filed within ten days; otherwise distribution follows the schedule.
Official Note
Official Note: The time of sale, terms and conditions as to amount of deposit, time for payment of balance, forfeiture of deposit, resales or forfeiture and similar matters are not regu- lated by these rules and will be governed by local practice in order to permit greater adaptabil- ity to the wide variety of local conditions and customs.
Amendment History
The provisions of this Rule 3128 adopted March 30, 1960, effective November 1, 1960; amended November 14, 1978, 8 Pa.B. 3410; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281. Immediately preceding text appears at serial page (243914).
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: notice of sale personal propertysheriff sale handbills