Adopted June 1, 1975 · Last amended June 14, 1999 · Last verified June 30, 2026
In one sentenceRule 1075.4 directs the sheriff to serve the writ of seizure — along with the complaint and, for an ex parte writ, the motion — on the defendant and on any non-party found holding the property.
(a)The sheriff shall serve the writ of seizure, together with a copy of the complaint and motion for ex parte issuance of the writ if the writ has been issued ex parte, upon the defendant and any person not a party who is found in possession of the property, in the manner provided by Rule 402(a) for service of original process and shall take possession of the property.
(b)When a person in possession of the property who is not a party to the action is served with a writ of seizure, the sheriff shall notify the person that he or she has been added as a defendant and is required to defend the action and shall so state in the return and the person shall thereupon become a defendant in the action. Copies of all prior pleadings and motions not previously furnished to the person shall be forthwith served upon him or her by the plaintiff in the manner provided by Rule 440.
End
Plain-English Summary
A seizure has to reach everyone affected. The sheriff serves the writ together with a copy of the complaint, and where the writ issued ex parte, the motion that obtained it. Service goes to the defendant and to any non-party found in possession of the property.
Serving the actual possessor matters because replevin is about who holds the goods, not only who is named in the suit.
Frequently Asked Questions
Who serves the writ of seizure?
The sheriff.
Who must be served?
The defendant and any non-party found in possession of the property; for an ex parte writ, the motion is served as well.
Amendment History
The provisions of this Rule 1075.4 adopted June 1, 1975, effective October 1, 1975, 5 Pa.B. 1824; amended through June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266; amended June 14, 1999, effective September 1, 1999, 29 Pa.B. 3191. Immediately preceding text appears at serial page (256969). (Editor’s Note: The Supreme Court of Pennsylvania has suspended its order of June 14, 1999, published at 29 Pa.B. 3191 (June 26, 1999). See 29 Pa.B. 4859 (September 18, 1999).)
Source & verification. Rule text, the Official Note, and the amendment
history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation
of rules adopted by the Supreme Court of Pennsylvania. Last verified June 30, 2026. ·
Official text
Also known as:serve writ of seizurereplevin servicesheriff service of writ