Rule 1076.Counterbond.

Adopted June 25, 1946 · Last amended April 12, 1999 · Last verified June 30, 2026

In one sentenceRule 1076 lets a defendant or intervenor who claims the right to possess the property — but not one claiming only a lien — file a counterbond within seventy-two hours of seizure to keep or regain the property.

Full Text of Rule 1076

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(a) A counterbond may be filed with the prothonotary by a defendant or intervenor claiming the right to the possession of the property, except a party claiming only a lien thereon, within seventy-two hours after the property has been seized, or within seventy-two hours after service upon the defendant when the taking of possession of the property by the sheriff has been waived by the plaintiff as provided by Rule 1077(a), or within such extension of time as may be granted by the court upon cause shown.

(b) The counterbond shall be in the same amount as the original bond, with security approved by the prothonotary, naming the Commonwealth of Pennsylvania as obligee, conditioned that if the party filing it fails to maintain the right to possession of the property he or she shall pay to the party entitled thereto the value of the property, and all legal costs, fees and damages sustained by reason of the delivery of the seized property to the party filing the counterbond.

End

Plain-English Summary

Seizure does not have to be the last word before trial. A defendant or intervenor who claims the right to possess the property can post a counterbond within seventy-two hours after it is seized and hold the property during the case. A party claiming only a lien cannot use this route.

The counterbond mirrors the plaintiff's bond: it secures the other side in case possession was rightly the plaintiff's.

Frequently Asked Questions

How long does a defendant have to file a counterbond?

Within seventy-two hours after the property has been seized, or after service on the defendant where the plaintiff waived the sheriff's taking of possession, or within any longer time the court grants on cause shown.

Can a lienholder file a counterbond?

No. A party claiming only a lien on the property may not file a counterbond.

Official Note

Official Note: A person not a party to the action who claims the right to possession of the property may intervene in the action as a defendant. See Rule 2327. Since intervention will ordinarily require more than seventy-two hours, the applicant for intervention should also apply for an extension of the time within which to file a counterbond if he or she desires to obtain possession of the property after intervention has been allowed. After the allowance of intervention, the intervenor has the same status as an original party. See Rule 2330(a). Extensions of time may be needed when there are hearings under Rule 1075.2.

Amendment History

The provisions of this Rule 1076 adopted June 25, 1946, effective January 1, 1947; amended June 23, 1975, effective October 1, 1975, 5 Pa.B. 1824; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266. Immediately preceding text appears at serial pages (212323) to (212324).

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: replevin counterbondregain possession bondcounterbond seventy-two hours