Rule Text
(a) A written notice substantially in the form prescribed by Rule 2964 shall be served on the defendant at least thirty days prior to the filing of the praecipe for a writ of execution.
(b) The notice shall be served
(1) upon a defendant in the judgment who has not entered an appearance
(i) by the sheriff or by a competent adult who is not a party to the action in the manner prescribed by Rule 402(a) for the service of original process upon a defendant, or
(ii) by the plaintiff mailing a copy in the manner prescribed by Rule 403, or
(iii) pursuant to special order of court as prescribed by Rule 430 if service cannot be made as provided in subparagraphs (i) or (ii), or
(2) upon a defendant in the judgment who has entered an appearance, by the plaintiff in the manner provided by Rule 440.
(c) The person serving the notice shall file a return of service as provided by Rule 405.
Amendment history: The provisions of this Rule 2958.1 adopted April 1, 1996, effective July 1, 1996, 26 Pa.B. 1806; amended May 14, 1999, effective July 1, 1999, 29 Pa.B. 2767. Immediately preceding text appears at serial pages (256981) to (256982). (Editor’s Note: The Supreme Court of Pennsylvania has suspended its order of June 14, 1999, published at 29 Pa.B. 3191 (June 26, 1999). See 29 Pa.B. 4859 (September 18, 1999).)
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
Before someone can ask the court to start collecting on a judgment against you, they must first send you a written warning. This warning must be delivered at least 30 days before they take that next step. The notice must follow a specific form set by the court rules.
How the notice gets delivered depends on whether you have formally appeared in the case. If you never formally appeared, the notice can be hand-delivered by a sheriff or another adult who is not part of the lawsuit, sent by mail, or delivered through a special court order if the other methods do not work. If you did formally appear in the case, the other side can use the standard method for serving documents on parties who are already involved.
After the notice is delivered, the person who served it must file paperwork with the court confirming that it was done. This creates a record showing the warning was properly given before any collection steps were taken.
Committee Notes
The notice provided for by this rule may be served in all executions within the scope of Rule 2956.1(c). If notice is served under this rule at least thirty days prior to the filing of the praecipe, notice need not be given under Rule 2958.2 governing execution upon real property or Rule 2958.3 governing execution upon personal or personal and real property. Conversely, if notice is served under either Rule 2958.2 or 2958.3, notice need not be given under this rule.
Rule 2957(b) governing the praecipe for the writ of execution requires a certification that notice has been given as provided by this rule.
Rule 2959(a)(3) requires a petition for relief from a confessed judgment to be filed within thirty days after service of notice pursuant to this rule.
