Rule 1083.Judgment in Rem for Property When Defendant is Not Served and Does Not Appear.

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

In one sentenceRule 1083 lets a plaintiff whose property has been seized obtain an in rem judgment for the property, after forty-five days from seizure, against a defendant who was never served and has not appeared.

Full Text of Rule 1083

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If the property has been seized by the sheriff, the court, upon motion of the plaintiff after forty-five days from seizure of the property, may enter judgment in rem for the property against any defendant who has not been served and who has not appeared in the action.

End

Plain-English Summary

Sometimes a defendant cannot be served and never shows up, yet the property has already been seized. This rule lets the plaintiff move, forty-five days after seizure, for a judgment in rem — a judgment against the property itself rather than the person — awarding the property to the plaintiff.

The waiting period gives an absent defendant a window to surface before the property is lost.

Frequently Asked Questions

Can a plaintiff win the property if the defendant is never served?

Yes, by an in rem judgment, if the property was seized and forty-five days have passed since seizure.

Official Note

Official Note: If defendant has been served or appeared in the action, a default judgment may be entered for want of an answer.

Amendment History

The provisions of this Rule 1083 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 page (212326).

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: judgment in rem replevindefault replevin judgmentunserved defendant