(a) When levies are made against the same personal property under two or more writs of separate plaintiffs, priority of distribution between them of the pro- ceeds of a sheriff’s sale thereof shall be determined by the time of delivery of their respective writs to the sheriff for execution.
Rule 3137.Priority of distribution as between competing plaintiffs.
Adopted March 30, 1960 · Last amended April 12, 1999 · Last verified June 30, 2026
In one sentenceWhen several plaintiffs reach the same property, priority among them is set by the time each delivered its writ to the sheriff for a levy and by the date each served its writ on the garnishee for an attachment.
Full Text of Rule 3137
(b) When property is attached by service upon the garnishee of two or more writs of separate plaintiffs priority of distribution between them shall be deter- mined by the date of service of their respective writs upon the garnishee as to all property then in the hands of the garnishee or coming into the garnishee’s pos- session up to time of judgment against the garnishee.
(c) When tangible personal property is both levied upon and attached under two or more writs of separate plaintiffs, priority of distribution as between the levying and attaching plaintiffs shall be determined by the time of delivery of the writ to the sheriff in the case of levy, and from the date of service of the writ upon the garnishee in the case of attachment.
Plain-English Summary
Competing creditors who all chase the same property need a tie-breaker. This rule supplies one based on timing.
For levies on the same personal property under separate writs, priority of distribution follows the time each writ was delivered to the sheriff for execution. For attachments, priority follows the date each writ was served on the garnishee, covering property then held or coming into the garnishee’s hands up to judgment.
When property is both levied on and attached under different plaintiffs’ writs, the rule blends the two tests — delivery time for the levy, service date for the attachment — to rank the competing claims.
Frequently Asked Questions
How is priority decided between competing creditors?
For levies, by the time each writ was delivered to the sheriff; for attachments, by the date each writ was served on the garnishee.
What if the same property is both levied on and attached?
Priority is set by delivery time for the levy and by service date for the attachment.
Official Note
Official Note: Under Rule 3115(a), a levy under any valid writ constitutes a levy by endorsement under every other valid writ then in the sheriff’s hands. For limitations on attach- ment of tangible personal property see Rule 3108(a).
Amendment History
The provisions of this Rule 3137 adopted March 30, 1960, effective November 1, 1960; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281. Immediately preceding text appears at serial page (243920).
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: priority of distributioncompeting plaintiffsfirst in time execution