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 any of the defendant’s funds on deposit with the bank or other financial institution in an account in which

   (1)  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, or

   Official Note

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

   (2)  the funds on deposit, not including any otherwise exempt funds, 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.

Source

   The provisions of this Rule 3111.1 adopted February 23, 2007, effective April 1, 2007, 37 Pa.B. 939.



No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.