Section 3172. Stay of execution; setting aside execution

(a) Execution shall be stayed as to all or any part of the property of the defendant

(1) upon written direction of the plaintiff to the sheriff;

(2) upon a showing of exemption or immunity of property from execution;

(3) upon a showing of a right to stay under the provisions of an Act of Congress or an Act of Assembly.

(b) Execution may be stayed by the court as to all or any part of the property of the defendant upon its own motion or application of any party in interest showing

(1) a defect in the writ or service; or

(2) any other legal or equitable ground.

(c) In an order staying execution the court may impose such terms and conditions or limit the stay to such reasonable time as it may deem appropriate.

(d) The court may on application of any party in interest set aside the writ or service

(1) for a defect therein; or

(2) upon a showing of exemption or immunity of property from execution; or

(3) upon any other legal or equitable ground.

(e) All objections by the defendant shall be raised at one time.

(f) After the termination of a stay, execution may proceed without reissuance of the writ.

Official Note

Adopted March 30, 1960, effective November 1, 1960.