Rule 3146.Judgment against garnishee upon default or admission in answer to interrogatories.

Last amended February 7, 2007 · Last verified June 30, 2026

In one sentenceIf a garnishee fails to answer the interrogatories, the prothonotary enters judgment against it that the court later assesses after notice and hearing, and if the garnishee admits holding the defendant’s property, judgment may be entered on that admission, with a carve-out for a bank or financial institution’s identified accounts.

Full Text of Rule 3146

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(a)

(1) If the garnishee within the time allowed by these rules fails to file an answer to interrogatories containing a notice to answer, the prothonotary on praecipe of the plaintiff shall enter judgment unliquidated in amount, in favor of the plaintiff and against the garnishee. The amount of the judgment shall thereafter be assessed by the court on motion, notice to the garnishee with a copy to the defendant in the form provided by subdivision (a)(2), and hearing. At the hearing the garnishee may raise defenses against the judgment debtor available under Rule 3145, provided that written notice thereof has been given to all parties not less than ten days prior to the hearing. If the garnishee appears, the court shall determine and enter judgment for the value of the property of the defendant in the hands of the garnishee but shall not enter judgment in excess of the judgment of the plaintiff against the defendant together with interest and costs. If the garnishee fails to appear, or if appearing offers no evidence, the amount of the judgment shall thereupon be entered in the amount of the plaintiff’s judgment against the defendant together with interest and costs, and the court may also award to the plaintiff reasonable expenses including attorney’s fees.

(2) The notice required by subdivision (a)(1) shall be in substantially the following form: NOTICE OF ASSESSMENT OF DAMAGES To , Garnishee: On , you were served with a writ of execution as a garnishee and were notified of your duties under it. Judgment has been entered against you because you have failed to answer the interrogatories served with the writ. The court will assess the amount of the judgment at a hearing to be held on , at , . M., in Courtroom , County Courthouse, , Pa. If you fail to appear, damages will be assessed against you in the amount of the judgment of the plaintiff against the defendant, $ , together with interest, costs and reasonable expenses including attorney’s fees, whether or not you may owe anything to the defendant or hold any of the defendant’s property. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.

(Name) (Address) (Telephone Number)

(b)

(1) Subject to paragraph (2) of this subdivision, the prothonotary, on praecipe of the plaintiff, shall enter judgment against the garnishee for the property of the defendant admitted in the answer to interrogatories to be in the garnishee’s possession, subject to any right therein claimed by the garnishee, but no money judgment entered against the garnishee shall exceed the amount of the judgment of the plaintiff against the defendant together with interest and costs. The entry of judgment shall not bar the right of the plaintiff to proceed against the garnishee as to any further property or to contest any right in the property claimed by the garnishee.

(2) If the garnishee is a bank or other financial institution, the prothonotary, in the absence of an order of court, shall not enter judgment pursuant to paragraph (1) of this subdivision as to funds of any account of the defendant that is identified in the garnishee’s answer to interrogatory no. 7 or 8.

End

Plain-English Summary

This rule supplies the two routes to judgment against a garnishee short of trial: default and admission.

If the garnishee does not answer interrogatories that carried a notice to answer, the prothonotary enters judgment unliquidated in amount, and the court later assesses it after notice to the garnishee and a hearing. At that hearing the garnishee may raise defenses available against the judgment debtor on advance notice; if it does not appear or offers no evidence, judgment is set at the plaintiff’s judgment plus interest and costs, and the court may add reasonable expenses including attorney’s fees. The rule prints the notice form that warns the garnishee of all this.

On admission, the prothonotary enters judgment for the defendant’s property the garnishee admits holding, capped at the plaintiff’s judgment plus interest and costs. A bank or other financial institution gets a safeguard: absent a court order, no admission judgment is entered as to funds in an account identified in its answer to the specified interrogatories.

Frequently Asked Questions

What happens if a garnishee ignores the interrogatories?

The prothonotary enters judgment against it, and the court assesses the amount after notice and a hearing; if the garnishee does not appear, judgment is set at the plaintiff’s judgment plus interest and costs.

Is a bank treated differently?

Yes. Absent a court order, no admission judgment is entered against a bank or financial institution as to account funds it identifies in its answer.

Official Note

Official Note: Adopted March 30, 1960, effective November 1, 1960.

Amendment History

The provisions of this Rule 3146 amended December 10, 1981, effective February 8, 1982, 12 Pa.B. 267; amended June 10, 2003, effective September 1, 2003, 33 Pa.B. 2974; amended February 7, 2007, effective April 1, 2007, 37 Pa.B. 939. Immediately preceding text appears at serial pages (255373), (255374) and (297583) to (297584).

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: default judgment garnisheeadmission judgmentgarnishee fails to answer