231 Pa. Code r. 3148 - Content of judgment against garnishee; execution
(a) A judgment entered against the garnishee
under Rules 3146(b) or 3147, shall
(1) be in
the form of a money judgment if the garnishee owes a debt to the
defendant;
(2) specify any other
property of the defendant in the possession of the garnishee; and
(3) be in the form of a charging order in the
case of attachment against a partnership interest.
(b) If a money judgment is entered against
the garnishee the plaintiff may have execution against the garnishee generally
for the amount of the judgment.
(c)
If judgment is entered against the garnishee for specific property of the
defendant determined to be in the possession of the garnishee, the plaintiff
may have execution against the property. If the garnishee fails to make the
property available to the sheriff for execution, the plaintiff upon leave of
court may have execution against the garnishee generally for the amount of the
plaintiff's judgment against the defendant, together with interest and costs,
unless the garnishee shows good cause for nonproduction of the property, or
that its value is less than the amount of plaintiff's judgment, interest and
costs, in which event judgment shall be entered for the lesser
amount.
(d) If the garnishee is
found to have a lien upon the property, the rights of all parties may be
enforced by a conditional verdict or order.
Notes
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