Rule 3129.3.Postponement of Sale. New Notice. Failure of Plaintiff to Attend Sale.

Adopted March 6, 1989 · Last amended March 7, 2014 · Last verified June 30, 2026

In one sentenceA postponed or continued real-property sale generally needs fresh notice, unless it is put off to a date certain within one hundred thirty days and announced to the assembled bidders, and the sale cannot go forward at all if the plaintiff or its representative fails to attend.

Full Text of Rule 3129.3

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

(a) Except as provided by subdivision (b) or special order of court, new notice shall be given as provided by Rule 3129.2 if a sale of real property is stayed, continued, postponed or adjourned.

(b)

(1) If the sale is stayed, continued, postponed or adjourned to a date certain within one hundred thirty days of the scheduled sale, notice of which sale was given as provided by Rule 3129.2, and public announcement thereof, including the new date, is made to the bidders assembled at the time and place fixed for the sale, no new notice as provided by Rule 3129.2 shall be required, but there may be only two such stays, continuances, postponements or adjournments within the one hundred thirty day period without new notice.

(2)

(i) When the sale is stayed, continued, postponed or adjourned as provided by subdivision (b)(1), the plaintiff shall file

(A) a notice of the date of continued sheriff’s sale with the prothonotary at least fifteen days before the continued sale date, and

(B) a certificate of filing with the sheriff confirming the filing of the notice of the date of continued sheriff’s sale with the prothonotary. The sheriff shall continue the sale to the next available sale date if the notice of the date of continued sheriff’s sale has not been timely filed. This continuance imposes a new obligation on the plaintiff to meet the requirements described in (b)(2)(i)(A) and (B).

(ii) Non-compliance with this subdivision is not a basis for setting aside the sheriff’s sale unless raised prior to the delivery of the sheriff’s deed. The sale shall be set aside only upon a showing of prejudice.

(3)

(i) The notice required by subdivision (b)(2) shall be substantially in the following form: (Caption) Notice of the Date of Continued Sheriff’s Sale The Sheriff’s Sale scheduled for , at : M. in the above-captioned matter has been continued until , at : M. Date: By: (Attorney for Plaintiff) (Address)

(Phone)

(ii) The certificate of filing required by subdivision (b)(2) shall be in substantially the following form: (Caption) Certificate of Filing On this date, I filed with the Prothonotary of County a copy of the Notice of the Date of Continued Sheriff’s Sale in the above-captioned matter. Date: By: (Attorney for Plaintiff) (Address)

(Phone)

(c) If the plaintiff or a representative of the plaintiff is not present at the sale, the real property shall not be sold. The sheriff shall return the writ of execution to the prothonotary and file a return pursuant to Rule 3139 indicating that the real property was not sold because the plaintiff or a representative of the plaintiff was not present at the sale. Thereafter, the writ may be reissued pursuant to Rule 3106.

End

Plain-English Summary

Sheriff’s sales of real estate are often postponed, and this rule controls when a postponement requires the whole notice process to start over.

The default is new notice under the companion rule. The exception lets the sale be moved to a date certain within one hundred thirty days, with public announcement of the new date to the bidders present, and no more than two such postponements without new notice. To use that exception the plaintiff must file a notice of the continued sale with the prothonotary at least fifteen days before the new date and confirm the filing to the sheriff; the rule supplies the forms.

The rule also adds a hard stop: if neither the plaintiff nor a representative shows up, the property is not sold. The sheriff returns the writ noting the absence, and the writ may be reissued later.

Frequently Asked Questions

When can a sale be postponed without new notice?

When it is moved to a date certain within one hundred thirty days and publicly announced to the assembled bidders, with no more than two such postponements before new notice is required.

What happens if the plaintiff does not attend the sale?

The property is not sold. The sheriff returns the writ noting the plaintiff’s absence, and the writ may be reissued.

Official Note

Official Note: This subdivision supersedes other provisions of these rules limiting the number of times a sale may be continued, including the provisions of subdivision (b)(1).

Amendment History

The provisions of this Rule 3129.3 adopted March 6, 1989, effective July 1, 1989, 19 Pa.B. 1282; amended October 24, 2006, effective January 1, 2007, 36 Pa.B. 6849; amended March 7, 2014, effective April 7, 2014, 44 Pa.B. 1750. Immediately preceding text appears at serial pages (355814) and (323361).

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: postponement of salecontinued sheriff saleplaintiff absent at sale