Rule Text
(a) The caption shall contain the name of the original defendant and any terre-tenant against whom the plaintiff seeks to revive the lien of the judgment.
(b) If the judgment has been assigned or transferred, the caption shall contain the name of the original judgment plaintiff and the name of the real party in interest.
Amendment history: The provisions of this Rule 3026 adopted October 1, 1964, effective April 1, 1965; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended December 19, 2003, effective July 1, 2004, 34 Pa.B. 22. Immediately preceding text appears at serial page (213387).
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 filing to revive a judgment lien, the paperwork must list the original defendant by name. If there is a terre-tenant (someone who now owns the property tied to the judgment), that person must also be named.
If the original judgment has been sold or transferred to someone else, the paperwork must show both the name of the original plaintiff and the name of the new owner of the judgment. This way, the court knows who currently has the right to collect.
Committee Notes
The terms ‘‘plaintiff’’ and ‘‘defendant’’ as used in the rules governing judgment liens and revival of judgments refer generally to the judgment creditor and judgment debtor, respectively. Thus, a defendant who holds a judgment against the plaintiff on a counterclaim would be a plaintiff for the purpose of these rules. See also Definition Rule 3101(a).
See Rule 3026.2 governing terre-tenants as parties and Rule 3026.3 governing revival against a terre-tenant.
As to joinder of personal representatives of a deceased defendant, see Section 3382 of the Probate, Estates and Fiduciaries Code, 20 Pa.C.S. § 3382.