(a) A defendant claiming an exemption from attachment based upon the fed- eral poverty income guidelines shall file the claim for exemption with the protho- notary within thirty days of service of the Notice of Intent to Attach Wages.
Rule 3303.Exemption from Attachment. Procedure.
Adopted December 21, 2005 · Last amended December 21, 2005 · Last verified June 30, 2026
In one sentenceA tenant may claim an exemption from wage attachment based on the federal poverty income guidelines by filing the claim within thirty days, and the rule sets out how the claim is handled before or after the writ issues and how the landlord may challenge it.
Full Text of Rule 3303
(1) If the defendant files a claim for exemption of wages from attachment either within thirty days as required by subdivision (a) of this rule or prior to the issuance of the writ of attachment, the prothonotary shall not issue the writ of attachment and shall send a notice of the claim for exemption of wages from attachment to the plaintiff or, if represented, to the plaintiff’s attorney. The pro- thonotary shall attach a copy of the claim to the notice.
(2) If the defendant files a claim for exemption after the writ of attachment has been issued, the attachment of the defendant’s wages shall continue unless the defendant obtains a court order staying or vacating the attachment.
(c) A plaintiff who wishes to challenge the claim of exemption shall file a motion requesting the court to direct the prothonotary to issue a writ for the attachment of wages. The motion shall set forth facts which establish that the plaintiff is entitled to attach wages pursuant to Section 8127(a)(3.1) of the Judi- cial Code. If the motion on its face sets forth such facts, the court shall set a hearing date or set forth another procedure provided by Rule 208.4 as may be appropriate.
Plain-English Summary
This rule protects a low-income tenant from wage attachment. A defendant claiming an exemption based on the federal poverty income guidelines files the claim with the prothonotary within thirty days. If the claim is filed within that window or before the writ issues, the attachment does not go forward on the claimed exemption; if filed after the writ has issued, the attachment continues unless the defendant obtains relief.
A landlord who wants to contest the claimed exemption files a motion asking the court to direct that the writ issue. The procedure balances the tenant’s exemption right against the landlord’s judgment by giving each side a defined path.
Frequently Asked Questions
Can a tenant avoid wage attachment by claiming poverty?
Yes, by filing a claim for exemption based on the federal poverty income guidelines within thirty days.
Can the landlord challenge the exemption?
Yes, by filing a motion asking the court to direct that the writ of attachment issue.
Official Note
Official Note: For the form of the claim for exemption, see Rule 3312(b).
Official Note: For the form of the notice for exemption, see Rule 3312(c).
Amendment History
The provisions of this Rule 3303 adopted December 21, 2005, effective one month after the date of the Order, 36 Pa.B. 176.
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: exemption wage attachmentpoverty exemption wages