Section 406. Property Subject to Levy

The levy pursuant to the order of execution issued by the magisterial district judge shall be made only upon tangible, nonperishable personal property of the defendant. The levy may be made upon any such property within the county wherein the order is issued.

Official Note

The first sentence in this rule restricts levy pursuant to an order of execution issued by a magisterial district judge to levy upon tangible, nonperishable personal property of the defendant. It was thought that the various intricacies applying to levy or attachment execution upon other types of property, particularly when garnishees are involved (see Pa. R.C.P. Nos. 3140—3148) were too technical and certainly too time consuming for magisterial district court execution proceedings.

The provisions of this Rule 406 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial pages (31610) and (25087).