§ Rule 3111.1 Exemptions from Levy and Attachment

Codes > Pennsylvania Rules of Civil Procedure > Enforcement of > Enforcement of > Rule 3111.1

Rule 3111.1. Exemptions from Levy and Attachment

    In the absence of a court order, service of the writ upon a bank or other financial institution as garnishee shall not attach

    (1) the first $10,000 of each account of the defendant containing any funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law,

    Note: See Rule 3146(b)(2) governing judgment against a bank or other financial institution as garnishee upon admission in answer to interrogatory.

    (2) each account in which funds on deposit exceed $10,000 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law, and

    (3) the funds on deposit, not including any otherwise exempt funds, that do not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123. The plaintiff shall have the right to file an objection if the plaintiff believes that the defendant has exhausted the statutory exemption.