Rule 3301. Scope. Definitions.
(a) The rules of this chapter govern an attachment of wages to satisfy a judgment pursuant to Section 8127(a)(3.1) of the Judicial Code.
Official Note
Section 8127(a)(3.1) of the Judicial Code provides for the attachment of wages for amounts awarded to a judgment creditor-landlord arising out of a residential lease upon which the court has rendered judgment which is final.
See subdivision (b) for the definition of ‘‘judgment.’’
Rule 3101 et seq. governing the enforcement of money judgments is not applicable to the attachment of wages under this chapter.
(b) As used in this chapter,
‘‘defendant’’ means a judgment debtor-tenant,
‘‘garnishee’’ means the employer of the defendant,
‘‘judgment’’ means a judgment for amounts awarded to a plaintiff arising out of a residential lease, which has been entered in the court of common pleas or the Philadelphia Municipal Court and which shall have been entered originally in
(1) any civil action brought in the court of common pleas,
(2) the following actions brought before a magisterial district judge:
(i) a civil action pursuant to Pa.R.C.P.M.D.J. 301 et seq., or
(ii) an action for the recovery of possession of real property pursuant to Pa.R.C.P.M.D.J. 501 et seq. in which the defendant appeared or filed papers or in which the complaint was served by handing a copy to the defendant,
(3) the following actions brought in the Philadelphia Municipal Court:
(i) a civil action in which the defendant was served pursuant to Phila.M.C.R.Civ.P. No. 111(A) or (C), or
(ii) an action in which the defendant was served pursuant to Phila. M.C.R.Civ.P. No. 111(B) and in which the defendant appeared or filed papers,
‘‘plaintiff’’ means a judgment creditor-landlord, and
‘‘wages’’ includes salary and commissions.
Source The provisions of this Rule 3301 adopted December 21, 2005, effective one month after the date of the Order, 36 Pa.B. 176.
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