Rule 3276.Scope.
Adopted December 6, 1996 · Last amended December 6, 1996 · Last verified June 30, 2026
Full Text of Rule 3276
Plain-English Summary
This rule opens the deficiency-judgment chapter, which implements the Judicial Code’s deficiency provision. When a creditor sells the debtor’s real property in execution but the sale brings less than the full judgment, the creditor may seek a deficiency judgment for the shortfall — but only after the property’s fair market value is fixed and credited.
The Official Note ties the procedure to the statute’s petition to fix fair market value. The chapter supplies the rules for that petition and the related proceedings, so the debtor receives credit for the real value of what was sold, not merely the sale price.
Frequently Asked Questions
What is a deficiency judgment?
A judgment for the part of a debt that remains after the debtor's real property has been sold in execution for less than the amount owed.
When does this chapter apply?
To proceedings under the Judicial Code's deficiency-judgment provision, after a sale of the debtor's real property.
Official Note
Official Note: Section 8103(a) of the Judicial Code provides for a petition to fix the fair market value of real property sold in execution proceedings where the price for the property sold is not sufficient to satisfy the amount of the judgment, interest and costs and the judgment creditor seeks to collect the balance due. Section 8103(d) provides for a petition to have the judgment marked satisfied, released and discharged when the judgment creditor has not initiated a timely proceeding under Section 8103(a). Rules 3276—3280 are general provisions applicable to both types of petitions. Rules 3281—3286 are special rules applicable to petitions under Section 8103(a) while Rules 3287—3291 apply to petitions under Section 8103(d).
Amendment History
The provisions of this Rule 3276 adopted December 6, 1996, effective January 1, 1997, 26 Pa.B. 6068.