Rule Text
(a) A counterbond may be filed with the prothonotary by a defendant or intervenor claiming the right to the possession of the property, except a party claiming only a lien thereon, within seventy-two hours after the property has been seized, or within seventy-two hours after service upon the defendant when the taking of possession of the property by the sheriff has been waived by the plaintiff as provided by Rule 1077(a), or within such extension of time as may be granted by the court upon cause shown.
(b) The counterbond shall be in the same amount as the original bond, with security approved by the prothonotary, naming the Commonwealth of Pennsylvania as obligee, conditioned that if the party filing it fails to maintain the right to possession of the property he or she shall pay to the party entitled thereto the value of the property, and all legal costs, fees and damages sustained by reason of the delivery of the seized property to the party filing the counterbond.
Amendment history: The provisions of this Rule 1076 adopted June 25, 1946, effective January 1, 1947; amended June 23, 1975, effective October 1, 1975, 5 Pa.B. 1824; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266. Immediately preceding text appears at serial pages (212323) to (212324).
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
When property gets seized in a civil case, the defendant or another party who claims ownership of that property has 72 hours to fight back by filing a "counterbond." This is a financial guarantee that gives them a chance to get the property returned to them while the case plays out. The court can also give more time to file if there is a good reason.
The counterbond must be for the same dollar amount as the original bond that was filed to seize the property. It is a promise to Pennsylvania that if the person filing the counterbond loses the case and did not actually have the right to keep the property, they will pay the other side the full value of the property plus any legal costs and damages caused by holding onto it.
Committee Notes
A person not a party to the action who claims the right to possession of the property may intervene in the action as a defendant. See Rule 2327. Since intervention will ordinarily require more than seventy-two hours, the applicant for intervention should also apply for an extension of the time within which to file a counterbond if he or she desires to obtain possession of the property after intervention has been allowed.
After the allowance of intervention, the intervenor has the same status as an original party. See Rule 2330(a).
Extensions of time may be needed when there are hearings under Rule 1075.2.
