Subchapter F. ATTACHMENT OF WAGES, SALARY
AND COMMISSIONS UNDER SECTION 8127(A)(3.1)
OF THE JUDICIAL CODE
Rule
3301. Scope. Definitions.
3302. Commencement. Notice.
3303. Exemption from Attachment. Procedure.
3304. Writ for the Attachment of Wages. Issuance. Service.
FORMS
3311. Praecipe for Notice of Intent to Attach Wages. Form.
3312. Notice of Intent to Attach Wages. Claim for Exemption from Wage Attachment. Notice of Claim for Exemption of Wages from Attachment. Forms.
3313. Writ of Attachment of Wages. Form.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.
Rule 3302. Commencement. Notice.
(a) The plaintiff shall commence an execution to attach wages by filing a praecipe with the prothonotary of a county in which judgment has been entered and in which the defendant resides, the defendant works or the residential real property which is the subject of the action is located. The praecipe shall be filed within five years of the date of the original judgment. The praecipe shall be in the form prescribed by Rule 3311.
(b) Upon the filing of the praecipe, the prothonotary shall issue a Notice of Intent to Attach Wages in the form prescribed by Rule 3312(a). The prothonotary shall attach to the notice a copy of both (1) the praecipe filed with the prothonotary for issuance of the Notice of Intent to Attach Wages and (2) the most recent poverty income guidelines issued by the Federal Department of Health and Human Services as they appear on the web site of the Civil Procedural Rules Committee.
Official Note
The web site of the Civil Procedural Rules Committee is part of the home page of the Administrative Office of Pennsylvania Courts at www.pacourts.org.
The poverty income guidelines set forth on the Committee web site which are to be attached to the Notice of Intent to Attach Wages are stated in monthly amounts.
(c) The Notice of Intent to Attach Wages shall be served upon the defendant in the manner provided by Rule 400 et seq. for service of original process in a civil action.
Official Note
The notice shall be served
(1) by the sheriff in the manner prescribed by Rule 402(a) for the service of original process upon a defendant, or
(2) pursuant to special order of court as prescribed by Rule 430 if service cannot be made as provided in paragraph (1) of this note.
Source The provisions of this Rule 3302 adopted December 21, 2005, effective one month after the date of the Order, 36 Pa.B. 176; amended July 16, 2012, effective immediately, 42 Pa.B. 4907. Immediately preceding text appears at serial page (316418).
Rule 3303. Exemption from Attachment. Procedure.
(a) A defendant claiming an exemption from attachment based upon the federal poverty income guidelines shall file the claim for exemption with the prothonotary within thirty days of service of the Notice of Intent to Attach Wages.
Official Note
For the form of the claim for exemption, see Rule 3312(b).
(b)(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 prothonotary shall attach a copy of the claim to the notice.
Official Note
For the form of the notice for exemption, see Rule 3312(c).
(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 Judicial 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.
Source The provisions of this Rule 3303 adopted December 21, 2005, effective one month after the date of the Order, 36 Pa.B. 176.
Rule 3304. Writ for the Attachment of Wages. Issuance. Service.
(a) The prothonotary shall issue a writ for the attachment of wages upon
(1) praecipe of the plaintiff where the defendant has not timely filed a claim for exemption of wages from attachment, or
(2) order of the court entered upon motion pursuant to Rule 3303(c).
(b) The prothonotary shall by ordinary mail send the writ to the garnishee and to the defendant.
(c) The writ of attachment of wages shall be substantially in the form provided by Rule 3313.
Official Note
Section 8127(c)(1) of the Judicial Code provides that the employer shall send the attached wages to the prothonotary of the court of common pleas within 15 days from the close of the last pay period in each month. Upon receipt of the attached wages, the prothonotary of the court of common pleas shall record and send said wages to the judgment creditor-landlord.
Source The provisions of this Rule 3304 adopted December 21, 2005, effective one month after the date of the Order, 36 Pa.B. 176.
FORMS
Rule 3311. Praecipe for Notice of Intent to Attach Wages. Form.
The Praecipe for Notice of Intent to Attach Wages shall be substantially in the following form:
(Caption)
Praecipe for Notice of Intent to Attach Wages To the Prothonotary:
Issue a Notice of Intent to Attach Wages in the above matter
(1) against
, defendant,(2) against
, employer of the defendant.Date:
Attorney for Judgment Creditor-Landlord or Judgment Creditor-Landlord if unrepresented
Address
Telephone numberCertification by Judgment Creditor—Landlord I certify that 1. The plaintiff judgment-creditor is
Name
Address
2. The defendant judgment-debtor is
Name
Address
3. The employer garnishee is
Name
Address
4. The judgment arises out of a residential lease for the premises at
(address).5. (a) The amount of the judgment is $
.(b) A security deposit in the amount of $
is being held by the judgment creditor-landlord. This security deposit
has been applied
has not been applied
to payment of rent due on the same premises for which the judgment has been entered.
(Any security deposit that has not already been applied to rent will be deducted by the Prothonotary from the amount of the judgment in determining the amount to be attached.)(c) The amount of $
has been paid toward satisfaction of the judgment. (Do not include the security deposit.)6. This praecipe is filed within five years of the date of the original judgment upon which execution is sought. 7. The judgment was entered (check one):
in a civil action commenced in the court of common pleas.
in an action brought before a magisterial district judge.
in an action commenced in the Philadelphia Municipal Court.8. Check the appropriate paragraph and attach the required documents:
(a) If the judgment was entered in a civil action (Pa.R.C.P.M.D.J. 301 et seq.) before a magisterial district judge, a copy of the complaint filed with the magisterial district judge is attached to this Notice, showing that the action arose from a residential lease.
(b) If the judgment was entered in an action for the recovery of possession of real property (Pa.R.C.P.M.D.J. 501 et seq.) before a magisterial district judge, copies of the appropriate magisterial district judge records are attached showing that the action arose from a residential lease and that the defendant appeared or filed papers in the action or that the complaint was served by handing a copy to the defendant.
(c) If the judgment was entered in an action in the Philadelphia Municipal Court in which the defendant was served pursuant to Phila.M.C.R.Civ.P. No. 111(A) or (C), a copy of the complaint filed with the Philadelphia Municipal Court is attached to this Notice, showing that the action arose from a residential lease.
(d) If the judgment was entered in an action in the Philadelphia Municipal Court in which the defendant was served pursuant to Phila.M.C.R.Civ.P. No. 111(B), copies of the appropriate Philadelphia Municipal Court records are attached showing that the action arose from a residential lease and that the defendant appeared or filed papers in the action.I certify that the statements made in this Certification are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date:
Judgment Creditor-Landlord
Source The provisions of this Rule 3311 adopted December 21, 2005, effective one month after the date of the Order, 36 Pa.B. 176.
Rule 3312. Notice of Intent to Attach Wages. Claim for Exemption from Wage Attachment. Notice of Claim for Exemption of Wages from Attachment. Forms.
(a) The notice of attachment of wages required by Rule 3302(b) shall be substantially in the following form:
(CAPTION)
NOTICE OF INTENT TO ATTACH
WAGES, SALARY OR COMMISSIONSDate of service of this Notice:
(Date to be inserted by the Sheriff)
A judgment has been entered against you in court for nonpayment of rent for, or damage to, residential property that you rented. The judgment creditor-landlord has begun proceedings to attach 10% of your net wages, salary or commissions for each pay period until the judgment is satisfied.
The following exception will prevent your wages from being attached:
Poverty Guidelines—Your wages may not be attached if your net income is below the poverty income guidelines as provided annually by the Federal Department of Health and Human Services or if the amount of the attachment would cause your net income to fall below the poverty income guidelines. A copy of the guidelines is attached to this notice.
If this exemption is applicable to you, you must return the claim for exemption of wages which is attached to the prothonotary within 30 days of the date of service of this notice upon you. The date of service of this notice is set forth above. If you return the form claiming this exemption within 30 days, your wages will not be attached without subsequent court proceedings.
There may be other legal grounds for opposing the wage attachment that you may be able to raise by filing a motion with the court. For example, your wages may not be attached if you are an abused person or victim as set forth in Section 8127(f) of the Judicial Code when the attachment is to satisfy a judgment for physical damages to the leased premises.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
(Name)
(Address)
(Telephone Number)(b) The claim for exemption from wage attachment shall be substantially in the following form:
(CAPTION)
CLAIM FOR EXEMPTION FROM WAGE ATTACHMENT
Notice
This Claim for Exemption must be filed with the Prothonotary of the Court within 30 days of service upon you of the Notice of Intent to Attach Wages.
To the Prothonotary:
I, the above-named defendant, claim exemption of my wages, salary or commissions from attachment on the following ground:
My net monthly income is below the poverty income guidelines as provided by the Federal Department of Health and Human Services.OR
The amount of wages to be attached would place my net income below the poverty income guidelines as provided annually by the Federal Department of Health and Human Services.I have
dependents.
(Number)
My net monthly income is $
.(Net monthly income is your total monthly wages less (1) any support payments made to the court, (2) federal, state and local income taxes, (3) F.I.C.A. payments and nonvoluntary retirement payments. (4) union dues and (5) health insurance premiums.)
I certify that the statements made in this Claim for Exemption are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.
Date:
Defendant
This claim shall be delivered or mailed to Office of the Prothonotary
Court of Common Pleas
Address
Telephone Number
(c) The notice of claim of exemption required by Rule 3303(b) shall be substantially in the following form:
(CAPTION)
NOTICE OF CLAIM OF EXEMPTION
OF WAGES FROM ATTACHMENTTo the above-named plaintiff:
The defendant in the above-captioned matter has filed a claim for exemption from attachment of his or her wages, salary or commissions. A copy of the claim is attached. If you wish to challenge the claim for exemption, you should file with the court a motion setting forth facts which show that the defendant’s net income is not below the Federal Department of Health and Human Services poverty income guidelines or that the attachment will not cause the defendant’s net income to fall below those poverty income guidelines.
Date:
Prothonotary
Source The provisions of this Rule 3312 adopted December 21, 2005, effective one month after the date of the Order, 36 Pa.B. 176.
Rule 3313. Writ of Attachment of Wages. Form.
The writ of attachment of wages shall be substantially in the following form:
(Caption)
Writ of Attachment of Wages, Salary or Commissions
Commonwealth of Pennsylvania : County of
: To
Employer of Defendant
NameYou have been identified as the employer of the above-named defendant.
You are directed to withhold the wages, salary and commissions of the defendant in your possession to satisfy the judgment against the defendant.
You are notified that
1. an attachment of wages, salary and commissions has been issued;
2. you are ordered to withhold from the wages, salary and commissions of the defendant an amount per pay period which does not exceed ten (10) percent of the defendant’s net wages, salary and commissions;
Net wages are all wages paid less only the following items: (1) any support payments made to the court, (2) federal, state and local income taxes, (3) F.I.C.A. payments and nonvoluntary retirement payments, (4) union dues and (5) health insurance premiums.3. the total amount attached is $
and the withholding must continue until the amount of the attachment is satisfied;4. the attached wages shall be sent to the prothonotary of the court of common pleas within 15 days from the close of the last pay period in each month. The check must
a. contain the name of the employee whose wages are being withheld,
b. be made payable to the Prothonotary, and
c. be sent to
Prothonotary
Court of Common Pleas
Wage Attachment Remittance
Address
Telephone Number5. you are entitled to deduct each pay period from the money collected from the defendant employee the costs incurred from the extra bookkeeping necessary to record the transaction, not exceeding $5.00 of the amount of money so collected;
6. by law, you may not take any adverse action against the defendant because his or her wages, salary or commissions have been attached;
7. you shall send the following notice to the prothonotary if the defendant has never been or is no longer an employee:
I have received a Writ of Attachment in the following case:
v.
, No.
of
.
Plaintiff Defendant YearThe following person,
, has never been
Name
(
) or is no longer an employee (
).
Date:
Employer
* * * * * * * * * * * * * * * * * * *
Seal of the Court
ProthonotaryBy
Deputy
Source The provisions of this Rule 3313 adopted December 21, 2005, effective one month after the date of the Order, 36 Pa.B. 176.
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