Rule 3023. Judgment. Lien. Duration.

 (a)  Except as provided by subdivision (b), a judgment when entered in the judgment index shall create a lien on real property located in the county, title to which at the time of entry is recorded in the name of the person against whom the judgment is entered.

   Official Note

   See Rule 3001 et seq. for the transfer of a judgment to another county. See Rule 3027 for the lien of the writ of revival or of the agreement to revive and Rule 3031.1 for the lien of a judgment of revival.

 (b)  A judgment upon a verdict or an order, when entered in the judgment index, shall

   (1)  continue the lien upon real property located in the county which is subject to the lien of the verdict or order upon which the judgment is entered, and

   Official Note

   The lien of a verdict or order dates from the time the verdict or order is entered in the judgment index. See Rule 3022(a).

   (2)  create a lien upon all other real property located in the county, title to which at the time of entry in the judgment index is recorded in the name of the person against whom the judgment is entered.

   (3)  Section 8141(3), (4) and (5) of the Judicial Code, 42 Pa.C.S. §  8141(3), (4) and (5), are suspended in accordance with Article V, Section 10(c) of the Constitution of 1968 and Section 1722(b) of the Judicial Code, 42 Pa.C.S. §  1722(b), insofar as they are inconsistent with this rule.

   Official Note

   Section 8141(3) of the Judicial Code provides that the lien of a verdict for a specific sum of money shall have priority from the time it is recorded by the court.

   Section 8141(4) of the Judicial Code provides that the lien of an adverse judgment and other orders shall have priority from the time it is rendered.

   Section 8141(5) of the Judicial Code provides that the lien of an amicable judgment shall have priority from the time the instrument on which it is entered is left for entry.

 (c)  The lien shall continue for five years from the date the judgment was entered in the judgment index unless the judgment is sooner discharged or the lien is sooner revived.

   Official Note

   A judgment lien may be revived in the manner provided by Rule 3025 et seq.

Source

   The provisions of this Rule 3023 adopted December 19, 2003, effective July 1, 2004, 34 Pa.B. 22; amended November 2, 2007, effective January 1, 2008, 37 Pa.B. 6201; amended January 26, 2010, effective immediately, 40 Pa.B. 700. Immediately preceding text appears at serial pages (331716) to (331717).



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