Section 407. General Monetary Exemption

A defendant may claim his statutory exemption in kind or in cash at any time before the date of the sale by notifying the officer executing the order of his claim and, if the exemption is claimed in kind, by designating the specific items of property which he elects to remain as exempt. Failure of the defendant to claim his statutory exemption shall not constitute a waiver thereof.

Official Note

Compare Pa. R.C.P. No. 3123(a). The general monetary exemption referred to in this rule is contained in the Judicial Code, § 8123, 42 Pa.C.S. § 8123, as amended by § 10(93) of the Judiciary Act Repealer Act, Act of April 28, 1978, P. L. 202, No. 53. The debtor may not, either by express or implied contract, waive exemptions from executions granted by statute. See the Judicial Code, § 8122, 42 Pa.C.S. § 8122, as amended by § 10(92) of the Judiciary Act Repealer Act, Act of April 28, 1978, P. L. 202, No. 53.

The provisions of this Rule 407 amended through April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499. Immediately preceding text appears at serial page (25087).