(a) If judgment is entered for the party in possession, that party may recover damages and costs by execution or by recovery upon the bond.
Rule 3170.Judgment; enforcement.
Adopted March 30, 1960 · Last amended April 12, 1999 · Last verified June 30, 2026
In one sentenceAfter a replevin judgment, the party in possession may recover damages and costs by execution or on the bond, and the party not in possession may obtain the property by a writ of possession or instead recover its value by execution or on the bond, plus damages and costs.
Full Text of Rule 3170
(b) If judgment is entered for a party not in possession, that party may obtain possession of the property by a writ of possession, or in the alternative may obtain the value of the property by execution on the judgment or by recovery upon the bond. In any case, the party may recover damages and costs by execu- tion or by recovery upon the bond.
Plain-English Summary
Replevin is about who keeps disputed goods, so its judgments cut two ways. This rule sets out enforcement for each side.
If judgment goes to the party already in possession, that party may recover damages and costs — by execution or by recovering on the bond posted in the case. If judgment goes to a party not in possession, that party may take the property itself by a writ of possession, or, as an alternative, recover the property’s value by execution on the judgment or on the bond. Either way, damages and costs may be recovered by execution or on the bond.
Frequently Asked Questions
How is a replevin judgment enforced?
The party in possession recovers damages and costs by execution or on the bond; the party not in possession may take the property by a writ of possession or recover its value by execution or on the bond.
Can the winner choose money instead of the goods?
A party not in possession may, in the alternative, obtain the value of the property rather than the property itself.
Official Note
Official Note: See rules 3101 et seq., governing Enforcement of Judgments for Payment of Money.
Amendment History
The provisions of this Rule 3170 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 pages (243932) to (243933).
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: replevin judgment enforcementwrit of possession replevinvalue of property replevin