Rule 3126.Sale of inventory in course of trade.

Adopted March 30, 1960 · Last amended April 12, 1999 · Last verified June 30, 2026

In one sentenceAfter a levy, a merchant’s inventory may keep being sold for cash in the ordinary course of business if every plaintiff with a writ consents in writing, with the sales supervised by the sheriff and the proceeds going to the sheriff until the writs are satisfied.

Full Text of Rule 3126

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Merchandise, inventory, or stock in trade of a defendant engaged in trade or business may, after levy, be sold by the defendant for cash in the ordinary course of trade or business if the plaintiff shall consent by writing directed to the sheriff. If the sheriff holds writs of more than one plaintiff against the defendant, all the plaintiffs must consent in writing to the sale. The sale shall be under the supervision of the sheriff. The proceeds of sale shall be immediately collected by or delivered to the sheriff until all writs held by the sheriff against the defendant are satisfied. Any plaintiff may withdraw his or her consent at any time.

End

Plain-English Summary

Shutting a store down the moment its inventory is levied on can destroy the very value a creditor wants to reach. This rule offers a middle path for merchandise, inventory, or stock in trade.

The defendant may keep selling the goods for cash in the ordinary course of business, but only with the plaintiff’s written consent directed to the sheriff. If more than one plaintiff holds a writ against the defendant, all of them must consent. The sheriff supervises, and the cash proceeds go to the sheriff until every writ is satisfied.

Consent is not a one-way door. Any plaintiff may withdraw it at any time, which ends that plaintiff’s agreement to let the sales continue.

Frequently Asked Questions

Can a business keep selling inventory after a levy?

Yes, for cash in the ordinary course, but only if the plaintiff consents in writing to the sheriff. If several plaintiffs hold writs, all must consent.

Where do the proceeds of those sales go?

They are collected by or delivered to the sheriff until all writs against the defendant are satisfied.

Amendment History

The provisions of this Rule 3126 adopted March 30, 1960, effective November 1, 1960; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281. Immediately preceding text appears at serial page (243913).

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: sale of inventorystock in trade executionordinary course sale