Rule 3172.Stay of execution; setting aside execution.

Adopted March 30, 1960 · Last amended March 30, 1960 · Last verified June 30, 2026

In one sentenceExecution on a replevin judgment must be stayed on the plaintiff’s written direction, on a showing of exemption or immunity, or where a statute grants a stay, may be stayed by the court for a defect or other ground, and the court may set aside the writ or service, with all objections raised at once.

Full Text of Rule 3172

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

(a) Execution shall be stayed as to all or any part of the property of the defendant

(1) upon written direction of the plaintiff to the sheriff;

(2) upon a showing of exemption or immunity of property from execution;

(3) upon a showing of a right to stay under the provisions of an Act of Congress or an Act of Assembly.

(b) Execution may be stayed by the court as to all or any part of the property of the defendant upon its own motion or application of any party in interest showing

(1) a defect in the writ or service; or

(2) any other legal or equitable ground.

(c) In an order staying execution the court may impose such terms and conditions or limit the stay to such reasonable time as it may deem appropriate.

(d) The court may on application of any party in interest set aside the writ or service

(1) for a defect therein; or

(2) upon a showing of exemption or immunity of property from execution; or

(3) upon any other legal or equitable ground.

(e) All objections by the defendant shall be raised at one time.

(f) After the termination of a stay, execution may proceed without reissuance of the writ.

End

Plain-English Summary

This rule applies the standard stay-and-set-aside framework to enforcement of a replevin judgment.

A stay is required on the plaintiff’s written direction to the sheriff, on a showing of exemption or immunity, or where a statute grants one. The court may also stay execution on its own motion or on a showing of a defect in the writ or service, or another legal or equitable ground, and may set aside the writ or service for a defect, for exemption or immunity, or on other grounds.

The defendant must raise all objections at one time, and after a stay ends execution may proceed without reissuing the writ.

Frequently Asked Questions

When is execution on a replevin judgment stayed?

On the plaintiff’s written direction, on a showing of exemption or immunity, or where a statute grants a stay; the court may also stay it for a defect or other ground.

Can the court set aside the writ?

Yes, for a defect, for exemption or immunity, or on any other legal or equitable ground.

Official Note

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

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: stay of execution replevinset aside replevin writ