Section 3201. Scope  


Latest version.
  • These rules govern the procedure in sheriff’s interpleader when tangible personal property levied upon pursuant to a writ of execution is claimed to be the property of a person other than the defendant in the execution.

    Official Note

    See Execution Rule 3122 limiting venue of interpleader to the county where the levy is made.
    These rules do not apply where tangible property is attached under Rule 3108(a) rather than levied upon. If the garnishee claims the property the garnishee may interplead under Rules 2301 et seq. If an outside person claims the property, such person may intervene in the garnishment proceedings or the garnishee may defend the attachment by asserting the outside person’s title and denying that the garnishee holds any property of the defendant.

The provisions of this Rule 3201 adopted August 30, 1965, effective March 1, 1966; amended April 8, 1997, effective July 1, 1997, 27 Pa.B. 2045; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281. Immediately preceding text appears at serial page (243938).