After execution and return of the writ, if the defendant shall reenter into pos- session, the prothonotary, upon praecipe and affidavit setting forth the facts, filed within three years after the return of the writ on which execution was completed, shall issue a new writ of possession.
Rule 3165.Reentry by defendant; new writ of possession.
Adopted March 30, 1960 · Last amended April 12, 1999 · Last verified June 30, 2026
In one sentenceIf the defendant moves back into the property after the writ has been executed and returned, the prothonotary, on a praecipe and affidavit filed within three years, issues a new writ of possession.
Full Text of Rule 3165
Plain-English Summary
Regaining possession is not always the end of the dispute. A defendant who reenters could otherwise force the plaintiff to start over. This rule offers a faster remedy.
After execution and return of the writ, if the defendant reenters into possession, the prothonotary issues a new writ of possession on the plaintiff’s praecipe and an affidavit setting out the facts — provided the request is filed within three years after the return of the writ on which execution was completed.
Frequently Asked Questions
What if the defendant moves back in after being removed?
The plaintiff may get a new writ of possession from the prothonotary on a praecipe and affidavit, filed within three years of the return of the prior writ.
Is there a time limit to ask for the new writ?
Yes. The praecipe and affidavit must be filed within three years after the return of the writ on which execution was completed.
Amendment History
The provisions of this Rule 3165 adopted March 30, 1960, effective November 1, 1960; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281. Immediately preceding text appears at serial page (243932).
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: reentry by defendantnew writ of possessiondefendant returns to property