Rule 1658.Set-Off. Counterclaim.

Adopted November 29, 1963 · Last amended May 27, 1964 · Last verified June 30, 2026

In one sentenceIn a mechanics’-lien action the defendant may plead, as new matter, a set-off arising from the same transaction as the claim, but no counterclaim may be asserted.

Full Text of Rule 1658

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A set-off arising from the same transaction or occurrence upon which the claim is based may be pleaded as new matter. No counterclaim may be asserted.

End

Plain-English Summary

This rule limits a defendant’s affirmative claims in a mechanics’-lien action. The owner may raise a set-off — a reduction of the amount owed — but only one arising from the same transaction or occurrence on which the lien claim is based, and it is pleaded as new matter in the answer.

No counterclaim may be asserted. Allowing a transaction-related set-off lets the owner contest what is truly due on the improvement, while barring counterclaims keeps the special, statute-based lien proceeding from turning into a broader lawsuit.

Frequently Asked Questions

Can a mechanics' lien defendant counterclaim?

No. But the defendant may plead a set-off arising from the same transaction as new matter.

Official Note

Official Note: adopted November 29, 1963, effective January 1, 1964; amended May 27, 1964, effective June 30, 1964.

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: set-off mechanics lienno counterclaim liennew matter set-off