(a) Except as provided in Rule 3111.1 a garnishee who forwards copies of the writ and answers to interrogatories to the defendant shall thereafter be under no duty to resist the attachment or defend the action against the defendant in any manner but may do so as provided by these rules.
Rule 3141.Garnishee’s duty to defend; venue of proceedings.
Adopted March 30, 1960 · Last amended April 16, 2010 · Last verified June 30, 2026
In one sentenceA garnishee that forwards the writ and its answers to the defendant has no duty to resist the attachment or defend for the defendant, though it may, and when the writ went to another county the garnishee may choose where to file its objections and answers.
Full Text of Rule 3141
(b) When the writ is issued to another county, preliminary objections, pro- ceedings for stay, or release of property from attachment, answers to interrogato- ries, or other matters relating to the attachment, may at the option of the gar- nishee be filed or taken by the garnishee in the county to which the writ is directed or from which it issued. If filed or taken in the county to which the writ is directed, copies thereof and any order of the court thereon shall also be for- warded to the prothonotary of the county in which the writ issued, and to the plaintiff and the defendant or their attorneys, and shall contain or have attached an election of optional venue in the garnishee county. A copy is forwarded within the meaning of this rule if it is sent in the manner provided by Rule 3140(c).
Plain-English Summary
A garnishee is a stakeholder, not the defendant’s advocate. This rule frees the garnishee from any obligation to fight the attachment once it has passed the papers along.
Except where the exemption rule applies, a garnishee that forwards copies of the writ and its answers to the defendant is under no duty to resist the attachment or defend the action for the defendant, but it may do so under these rules.
When the writ is issued to another county, the garnishee gets a venue choice. Preliminary objections, stay proceedings, release of property, answers to interrogatories, and related matters may be filed in either the county to which the writ is directed or the one from which it issued; filings made in the directed county must be forwarded to the issuing county and carry an election of optional venue.
Frequently Asked Questions
Does a garnishee have to defend the case for the defendant?
No. After forwarding the writ and its answers, a garnishee has no duty to resist the attachment or defend for the defendant, though it may choose to.
Where does a garnishee file objections when the writ went to another county?
At the garnishee’s option, in either the county to which the writ is directed or the county from which it issued.
Official Note
Official Note: See Rule 3142 authorizing preliminary objections; Rule 3121 as to stay; Rule 3143(f), (g), (h), as to non pros; Rule 3145 as to defenses. Failure to answer interrogato- ries or to file a sufficient answer may result in judgment against the garnishee. See Rules 3146 and 3147.
Amendment History
The provisions of this Rule 3141 adopted March 30, 1960, effective November 1, 1960; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281; amended April 16, 2010, effective May 17, 2010, 40 Pa.B. 2243. Immediately preceding text appears at serial page (316414).
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: garnishee duty to defendgarnishee venuestakeholder garnishee