Section 3123. Debtor’s exemption

(a) A defendant entitled to a statutory exemption may claim it in kind or in cash at any time before the date of sale by notifying the sheriff of his or her claim and, if the exemption is claimed in kind, by designating the property which he or she elects to retain as exempt. Failure of the defendant to claim the statutory exemption shall not constitute a waiver thereof.

Official Note

See Mayhugh v. Coon, 460 Pa. 128, 331 A.2d 452 (1975).

(b) Upon receipt of a claim for exemption in kind the sheriff shall set aside, from the designated property, enough thereof as appraised by the sheriff, to equal the value of the exemption, unless the property is incapable of division. In the event of failure of the defendant to claim the statutory exemption, the sheriff shall similarly choose, appraise, and set aside property in kind. Real property claimed shall be described by metes and bounds and the description shall be included in the sheriff’s return.

(c) If the property held by the sheriff in kind cannot be set aside because it is not capable of appropriate division, the sheriff shall set aside from the proceeds of the sale and pay to the defendant in cash the amount of the statutory exemption.

(d) Any party in interest may, within forty-eight hours, appeal to the court from the sheriff’s appraisal or designation of property. The sheriff shall proceed with the sale as to the remainder of the property levied upon unless the sale shall be postponed by order of the court or written direction of the plaintiff.

Official Note

See Rule 3123.1 for the requirement of a prompt court hearing upon a claim for exemption of property from execution.

The provisions of this Rule 3123 amended March 16, 1981, effective March 27, 1981, 11 Pa.B. 1075; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2188. Immediately preceding text appears at serial pages (243910) to (243911).