Adopted June 25, 1946 · Last amended June 30, 1965 · Last verified June 30, 2026
In one sentenceRule 1082 allows a replevin defendant to assert only a counterclaim secured by a lien on the property, bars all other counterclaims, and permits a conditional verdict to enforce a proven lien.
(a)A claim secured by a lien on the property may be set forth as a counterclaim. No other counterclaim may be asserted.
(b)If any party is found to have a lien upon the property the court may enter a conditional verdict in order to enforce the rights of all parties.
End
Plain-English Summary
Replevin keeps the dispute tightly focused on the property, so it limits counterclaims. A party may set up a claim secured by a lien on the property as a counterclaim, but no other counterclaim is allowed. If a party proves a lien, the court may enter a conditional verdict — one that takes effect on a condition — to sort out the competing rights of everyone involved.
Frequently Asked Questions
Can a replevin defendant file a counterclaim?
Only a counterclaim secured by a lien on the property. No other counterclaim may be asserted.
What is a conditional verdict here?
A verdict that takes effect on a condition, used to enforce the rights of the parties when a lien on the property is established.
Amendment History
The provisions of this Rule 1082 adopted June 25, 1946, effective January 1, 1947; amended June 30, 1965, effective January 1, 1966.
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 counterclaimlien counterclaimconditional verdict replevin