(a) If the sheriff determines that the claimant is prima facie not the owner of the property in whole or in part, the sheriff shall file in the prothonotary’s office the claim, the determination of ownership including the valuation of the property, and shall send by ordinary mail copies of the determination and valuation to the claimant, the plaintiff, the defendant, and all other execution creditors and claim- ants of the property.
Rule 3207.Sheriff’s determination against claimant; objection; amount of bond; delivery of property; interpleader.
Adopted August 30, 1965 · Last amended April 12, 1999 · Last verified June 30, 2026
In one sentenceWhen the sheriff determines the claimant is prima facie not the owner, the claimant has ten days to object; without an objection the claim is abandoned and execution proceeds, while an objection with a double-value bond lets the claimant keep the property pending trial.
Full Text of Rule 3207
(b) The claimant may, within ten days after the date of the mailing of the copy of the determination and valuation, file with the prothonotary and with the sheriff an objection to the determination substantially in the form provided by Rule 3260, with or without bond. The sheriff shall send by ordinary mail a copy of the objection to all other parties. Upon the filing of the objection an inter- pleader shall be at issue in which the claimant shall be the plaintiff and all other parties in interest shall be defendants. The only pleading shall be the claim, all averments of which shall be deemed to be denied.
(c) If no objection is filed the claim shall be deemed abandoned and the sher- iff shall proceed with the execution against the property without further order of court.
(d) If the claimant files an objection with bond in a sum double the valuation of the property as determined by the sheriff or double the amount due under all writs of execution against the defendant on which the sheriff has levied, which- ever is smaller, the sheriff unless otherwise ordered by the court shall withdraw all levies on the claimed property. Upon payment by the claimant of the sheriff’s costs, if any, for keeping and transporting the property, the sheriff shall deliver it to the person from whom it was taken, provided that, if the property was taken from a person other than the claimant and the claimant desires possession thereof, the sheriff shall deliver it to the claimant if the claimant elects to file a bond in double the valuation of the property.
(e) If the claimant files an objection without bond the property shall remain subject to the levy and shall be sold in execution, unless otherwise ordered by the court. The proceeds shall be retained by the sheriff or paid into court until the determination of the interpleader.
(f) In appropriate cases the court may order the property impounded.
Plain-English Summary
This rule is the mirror image, for when the sheriff sides against the claimant. The sheriff files the claim, determination, and valuation, and the claimant then has ten days to object. If none is filed, the claim is deemed abandoned and the sheriff proceeds with execution without further court order.
If the claimant objects and files a bond in double the property’s value, or double the amount due under the writs, the property is handled accordingly pending the interpleader. If the claimant objects without a bond, the property remains under levy and is sold, with the proceeds held to await the outcome, unless the court orders otherwise; the court may also order the property impounded. The bond is the price of keeping the property while title is litigated.
Frequently Asked Questions
What if the sheriff rejects the claim?
The claimant has ten days to object; without an objection the claim is abandoned and execution proceeds.
How does the claimant keep the property pending trial?
By objecting and filing a bond in double the property's value or double the amount due under the writs.
Official Note
Official Note: Rule 3121 provides that the filing of a property claim stays an execution and that after the termination of the stay sale may be had without reissuance of the writ.
Official Note: As to possession in the case of two or more claimants, see Rule 3210.
Amendment History
The provisions of this Rule 3209 adopted August 30, 1965, effective March 1, 1966; amended April 8, 1997, effective July 1, 1997, 27 Pa.B. 2045; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281. Immediately preceding text appears at serial pages (243940) to (243941).
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: determination against claimantdouble-value bond