Pennsylvania Procedural Requirements for Wage Garnishment

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Pennsylvania Procedural Requirements

A judgment shall be enforced by a writ of execution. Upon issuance of the writ the prothonotary shall transmit it directly to the sheriff to whom it is directed or upon plaintiff's request deliver it to the plaintiff or his representative for transmittal. Pa. R. Civil. P. 3103. Service of the writ shall be made by the sheriff in the case of tangible personal property, by levy thereon or, if the property is in possession of a third person who prevents a levy or fails to make property of the defendant in his possession available to the sheriff for levy, by serving him as garnishee. Upon levy or attachment, the sheriff shall mail a copy of the writ to the execution defendant at his last known address. The plaintiff shall provide the sheriff with copies of the writ and envelopes for mailing properly stamped and addressed. The sheriff shall note in his return the mailing of the writ and the date thereon. Pa. R. Civil. P. 3108.

The writ shall be served by the sheriff upon the garnishee in the manner prescribed by Rule 402(a). The sheriff shall furnish the garnishee with an additional copy of the writ for each defendant. Service of the writ upon the garnishee shall attach all property of the defendant which may be attached under the Rules of Civil Procedure which is in the possession of the garnishee. It shall also attach all property of the defendant which comes into the garnishee's possession thereafter until judgment against him even though no such property of the defendant was in his possession at the time of service. Service of the writ shall also subject him to the mandate and injunctive orders of the writ restraining him from paying any debt to or for the account of the defendant and from delivering any property to the defendant which may be attached under the Rules of Civil Procedure to anyone except the sheriff or otherwise disposing thereof until further order of the court or discontinuance or termination of the attachment. Pa. R. Civil. P. 3111.

Plaintiff at any time after judgment, before or after the issuance of a writ of execution, may, for the purpose of discovery of assets of the defendant, take the testimony of any person, including a defendant or a garnishee, upon oral examination or written interrogatories as provided by the rules relating to Deposition and Discovery. The prothonotary of the county in which judgment has been entered or of the county within this Commonwealth where the deposition is to be taken, shall issue a subpoena to testify. All reasonable expenses in connection with the discovery may be taxed against the defendant as costs if it is ascertained by the discovery proceeding that he has property liable to execution. Pa. R. Civil. P. 3117.

The plaintiff shall pay to the sheriff all costs, charges and expenses incident to the execution, the maintenance of the lien of the execution and the preservation of the property. These items shall be deemed taxable costs for refund to the plaintiff from the proceeds of any sale, except that the plaintiff shall not be entitled to recover the costs in connection with writs determined by the court to be unnecessary and oppressive. Pa. R. Civil. P. 3138.

The plaintiff may, at the time of issuance of the writ or thereafter, file and serve interrogatories directed to the garnishee respecting property of the defendant in his possession. The plaintiff may require the garnishee to include in his answer, so far as relevant, the names and addresses of persons taking part in any transaction, the specific amount of any debt, the value and location of any property and the nature and amount of consideration given for any transfer of property. The interrogatories shall contain a notice to answer within twenty days after service. Pa. R. Civil. P. 3144.

Interest Rate at which Judgments Accrue

Legal rate of interest is six per cent per annum. Pa. Statute. Ann. tit. 41, _ 201. A judgment for a specific sum of money shall bear interest at the lawful rate from the date of the verdict or award, or from the date of the judgment, if the judgment is not entered upon a verdict or award. 42 Pa. Cons. Statute. Ann. _ 8101. Applicable Forms Pa. R. Civil. P. 3252. Pa. R. Civil. P. 3253.