§ Rule 3101.1 Property Subject to Execution Execution Within and After Five Years

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Rule 3101.1. Property Subject to Execution. Execution Within and After Five Years

    (a)(1) Execution may issue within five years after entry of the judgment sought to be enforced or any judgment of revival or agreement to revive, against

            (i) real property which is subject to the lien of the judgment, and

            (ii) real property, title to which at the time of the entry of the writ of execution in the judgment index is recorded in the name of the person against whom the judgment is entered.

        (2) If more than five years have expired since the entry of the judgment or of the last preceding judgment of revival or agreement to revive, no execution against real property may issue until a writ of revival shall have issued and been reduced to judgment or an agreement to revive entered. The execution shall issue on the judgment or agreement so entered and not on the original judgment.

    (b) Execution may issue against personal property within the time allowed by law.

    Note: Subdivisions (a)(1) and (2) continue the practice under Section 7 of the Act of July 3, 1947, P.L. 1234, 12 P.S. § 883 (repealed) relating to property subject to execution and execution after five years.

    For the applicable law under subdivision (b), see Section 5529(a) of the Judicial Code, 42 Pa.C.S. § 5529(a) (twenty-year limitation to issue execution upon personal property). See alsohearer v. Naftzinger, 747 A.2d 859 (Pa. 2000).

    A proceeding to revive a judgment lien is not relevant to an execution upon personal property.