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246 Pa. Code Rule 341. Request for Entry of Satisfaction; Service; Entry of Satisfaction.

SATISFACTION OF MONEY JUDGMENTS


Rule 341. Request for Entry of Satisfaction; Service; Entry of Satisfaction.

 A. If a judgment debtor has paid in full, settled, or otherwise complied with a judgment rendered in a magisterial district court, anyone interested in the judgment may request the entry of satisfaction of the judgment by filing a written request in the office of the magisterial district judge who rendered the judgment.

 B. A request for entry of satisfaction by anyone other than the judgment creditor must be served upon the judgment creditor in accordance with the rules in the 300 Series regarding service of the complaint.

 C. Within 90 days from the date of service of the request for entry of satisfaction, the judgment creditor shall enter satisfaction in the office of the magisterial district judge in which the request for entry of satisfaction was filed.

   Official Note

   Subdivision A provides a mechanism for a judgment debtor, or anyone interested in the judgment, to file a written request for entry of satisfaction in the office of the magisterial district judge who rendered the judgment. See Section 8104(a) of the Judicial Code, 42 Pa.C.S. §  8104(a).

   Subdivision B is intended to provide a number of alternative methods of service. See Rules 307, 308, 309, 310, 311, 312 and 313. When permitted, service by mail should be at the option of the person filing the request for entry of satisfaction. The requester shall be required to pay for all costs associated with initiating entry of satisfaction. If the requester is unable to locate or otherwise serve the request upon the judgment creditor, the requester may need to enter the judgment in the court of common pleas, and seek alternative service pursuant to Pa.R.C.P. 430.

   Upon the entry of satisfaction, the judgment debtor may file a true copy of the entry of satisfaction in any other magisterial district court in which the judgment may have been entered pursuant to Rule 402. Nothing in this rule is intended to suggest that it is the obligation of the judgment creditor to enter satisfaction in any court other than the court specified in subdivision C.

   These procedures also apply to satisfaction of money judgments rendered in actions for the recovery of possession of real property (landlord/tenant actions). See Rules 514 and 518.

   If a judgment creditor does not comply with the provisions of this rule, the judgment debtor may proceed under Rule 342.

   A party may contest the entry of satisfaction by filing a petition to strike the entry of satisfaction with the court of common pleas.

Source

   The provisions of this Rule 341 adopted April 5, 2002, effective January 1, 2003, 32 Pa.B. 2199; amended September 9, 2008, effective October 1, 2008, 38 Pa.B. 5164; amended September 26, 2013, effective December 25, 2013, 43 Pa.B. 5989. Immediately preceding text appears at serial pages (338933) to (338934).



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