Rule 3101.1.Property Subject to Execution. Execution Within and After Five Years.

Adopted December 19, 2003 · Last amended December 19, 2003 · Last verified June 30, 2026

In one sentenceExecution may issue against real property within five years of the judgment or its last revival, but once five years pass a writ of revival must issue first; execution against personal property may issue within the time the law allows.

Full Text of Rule 3101.1

Text sizeJump to: (a) (b)

(a)

(1) Execution may issue within five years after entry of the judgment sought to be enforced or any judgment of revival or agreement to revive, against

(i) real property which is subject to the lien of the judgment, and

(ii) real property, title to which at the time of the entry of the writ of execution in the judgment index is recorded in the name of the person against whom the judgment is entered.

(2) If more than five years have expired since the entry of the judgment or of the last preceding judgment of revival or agreement to revive, no execution against real property may issue until a writ of revival shall have issued and been reduced to judgment or an agreement to revive entered. The execution shall issue on the judgment or agreement so entered and not on the original judgment.

(b) Execution may issue against personal property within the time allowed by law.

End

Plain-English Summary

This rule ties execution against real property to the life of the judgment lien. Within five years of the judgment, or of the last judgment of revival or agreement to revive, the creditor may execute against real property subject to the lien and against real property standing in the debtor’s name when the writ is indexed.

After five years, no execution against real property may issue until a writ of revival has issued and been reduced to judgment, or an agreement to revive has been entered — the same five-year clock the lien rules use. Execution against personal property, by contrast, may issue within the period the general law allows. The Official Note traces the practice to an earlier, now-repealed judgment-lien statute.

Frequently Asked Questions

What property can be reached by execution?

The property the rule identifies as subject to execution on a money judgment.

Does timing affect execution?

Yes. The rule treats execution within five years differently from execution after five years.

Official Note

Official Note: Subdivisions (a)(1) and (2) continue the practice under Section 7 of the Act of July 3, 1947, P. L. 1234, 12 P. S. § 883 (repealed) relating to property subject to execution and execution after five years. For the applicable law under subdivision (b), see Section 5529(a) of the Judicial Code, 42 Pa.C.S. § 5529(a) (twenty-year limitation to issue execution upon personal property). See also Shearer v. Naftzinger, 747 A.2d 859 (Pa. 2000). A proceeding to revive a judgment lien is not relevant to an execution upon personal property.

Amendment History

The provisions of this Rule 3101.1 adopted December 19, 2003, effective July 1, 2004, 34, Pa.B. 22.

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: property subject to execution five years