Section 418. Abandonment of Levy for Inability to Hold Sale

(A) Except as otherwise provided in paragraph (B), the officer executing the order shall abandon the levy if sale of the property levied upon is not held within three months after the levy.

(B) Periods during which sale is stayed under any provision of these rules shall be excluded in computing the three month period provided in paragraph (A), but in all cases the officer executing the order shall abandon the levy if sale of the property levied upon is not held within six months.

Official Note

Compare Pa.R.C.P. No. 3120(2). This rule requires the executing officer to abandon the levy if sale is not held within three months, excluding time periods when the execution may be stayed, but in all cases the levy must be abandoned if the sale is not held within six months of the levy. It was considered that the particular execution proceedings should terminate under these circumstances.

The provisions of this Rule 418 amended March 2, 1977, 7 Pa.B. 893, effective March 2, 1977; amended June 9, 2008, effective January 1, 2009, 38 Pa.B. 3356. Immediately preceding text appears at serial page (309548).