Rule 2958.3.Notice of Execution Served With Writ of Execution. Request for Prompt Hearing Limited to Issue of Waiver of Due Process Rights.

Adopted April 1, 1996 · Last amended April 17, 1998 · Last verified June 30, 2026

In one sentenceAs a third option, a notice in the Rule 2966 form and a petition-to-strike form are served with the writ of execution, with any request for a prompt hearing limited to the issue of waiver of due-process rights.

Full Text of Rule 2958.3

Text sizeJump to: (a) (b) (c) (d)

(a) Written notice in the form prescribed by Rule 2966 and a form of petition to strike the judgment and request for prompt hearing in the form prescribed by Rule 2967 shall be served upon the defendant with the writ of execution if the property to be levied upon or attached consists of

(1) personal property or

(2) personal property and real property, not within the scope of Rule 2958.2(a)(2).

(b) If the writ has been served and property has been levied upon or attached, the defendant may file with the sheriff a petition to strike the judgment in the form provided by Rule 2967. The petition shall be limited to the issue whether the defendant voluntarily, intelligently and knowingly waived the right to notice and hearing prior to the entry of the judgment. The defendant may include in the claim a demand for a prompt hearing. The sheriff shall immediately notify the plaintiff of the filing of the petition.

(c) The sheriff shall immediately present the matter to the court. The court shall hear the claim within three business days thereafter upon such notice to the parties as the court shall direct and shall promptly dispose of the matter on the testimony, admissions or other evidence.

(1) If the court finds that the plaintiff has shown by a preponderance of the evidence that the defendant voluntarily, intelligently and knowingly waived the right to notice and hearing prior to the entry of judgment, it shall enter an order so determining and the stay of the execution proceedings under subdivision (d) shall terminate automatically.

(2) If the court finds that the plaintiff has not made the required showing, it shall enter an order vacating the writ of execution and striking the judgment. Upon entry of the order, any property which has been seized, levied upon or attached pursuant to the writ of execution shall be returned to the defendant.

(d) Execution proceedings shall be stayed during the period from the time the defendant files the hearing request form with the sheriff to the time the court makes the determination on the request.

End

Plain-English Summary

This route lets the plaintiff serve notice at the time of execution rather than in advance. The defendant receives a Rule 2966 notice and a form petition to strike, and may request a prompt hearing—but that expedited hearing is confined to whether the defendant waived due-process rights, not the merits of the underlying debt.

Frequently Asked Questions

What does the defendant receive under this option?

A notice in the Rule 2966 form and a form of petition to strike the judgment, served with the writ of execution.

What can the prompt hearing decide?

It is limited to the issue of whether the defendant waived due-process rights; broader challenges go through the ordinary petition process.

Official Note

Official Note: The notice required by this rule must be served only when the plaintiff has not proceeded under Rule 2958.1 requiring at least thirty days notice prior to the filing of the praecipe for writ of execution. Rule 2957(b) governing the praecipe for the writ of execution requires a certification that notice has been given as provided by this rule. Rule 2959(a)(3) requires a petition for relief from a confessed judgment to be filed within thirty days after service of notice pursuant to this rule.

Amendment History

The provisions of this Rule 2958.3 adopted April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806; amended April 17, 1998, effective July 1, 1998, 28 Pa.B. 2026. Immediately preceding text appears at serial pages (213360) to (213361).

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: notice with writ of executionprompt hearing waiver due process