(a) The petition shall name the judgment creditor as petitioner.
Rule 3281.Parties.
Adopted December 6, 1996 · Last amended December 2, 2009 · Last verified June 30, 2026
In one sentenceIn the proceeding to fix fair market value, the petition names the judgment creditor as petitioner and may name as respondents the debtors, guarantors, mortgagors, and others liable to the creditor for the judgment.
Full Text of Rule 3281
(b) The petition may name as respondent any debtor, obligor, guarantor, mort- gagor, and any other person directly or indirectly liable to the judgment creditor for the payment of the debt, and any owner of the property affected thereby.
Plain-English Summary
This rule identifies the parties in the petition to fix fair market value. The judgment creditor is the petitioner. The respondents may include any debtor, obligor, guarantor, mortgagor, or other person directly or indirectly liable to the creditor for the debt behind the judgment.
The Official Note ties the party structure to the deficiency statute. Naming everyone who might owe a deficiency ensures that the court’s valuation and any resulting credit bind all of them, so the deficiency is fixed once for all who could be pursued for it.
Frequently Asked Questions
Who are the parties in the fair-market-value proceeding?
The judgment creditor is the petitioner; the respondents may be any debtor, guarantor, mortgagor, or other person liable for the judgment.
Why name everyone liable?
So the court's valuation and the resulting credit bind all who could be pursued for a deficiency.
Official Note
Official Note: Section 8103(b) of the Judicial Code, 42 Pa.C.S. § 8103(b), governing defi- ciency judgments provides that ‘‘[a]ny debtor and any owner of the property affected thereby, who is neither named in the petition nor served with a copy thereof or notice of the filing thereof as prescribed by general rule, shall be deemed to be discharged from all personal liability to the judgment creditor on the debt, interest, and costs. . . .’’
Amendment History
The provisions of this Rule 3281 adopted December 6, 1996, effective January 1, 1997, 26 Pa.B. 6068; amended December 2, 2009, effective January 4, 2010, 40 Pa.B. 19. Immediately preceding text appears at serial page (297593).
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: parties deficiency petition