Section 3145. Interrogatories; procedure

(a) The procedure between the plaintiff and the garnishee shall, as far as practicable, be the same as though the interrogatories were a complaint and the answer of the garnishee were an answer in a civil action.

(b) The garnishee in the answer under ‘‘new matter’’ may include

(1) the defenses of the immunity or exemption of property;

(2) any defense or counterclaim which the garnishee could assert against the defendant if sued by the defendant but the garnishee may not assert any defense on behalf of the defendant against the plaintiff or otherwise attack the validity of the attachment;

Official Note

Objections to the attachment, other than the defenses of immunity or exemption, must be raised preliminarily. See Rule 3142.

(3) any claim which the garnishee could assert against the plaintiff if sued by the plaintiff.

The provisions of this Rule 3145 adopted March 30, 1960, effective November 1, 1960; amended December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281. Immediately preceding text appears at serial page (243922).