Rule Text
A judgment in rem in an action or proceeding upon a mechanics’ lien, municipal claim, tax claim or a charge on land shall be enforced against the real property subject to the lien, claim or charge in accordance with Rules 3180 to 3183 governing the enforcement of judgments in mortgage foreclosure.
Amendment history: The provisions of this Rule 3190 adopted July 21, 1961, effective October 1, 1961; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended March 5, 1997, effective July 1, 1997, 27 Pa.B. 1441. Immediately preceding text appears at serial page (213434).
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 someone wins a court case involving a mechanics' lien, a municipal claim, a tax claim, or a charge on land, the judgment only applies to the property itself. This means the winner cannot go after the property owner's personal bank accounts or other belongings to collect what they are owed.
To actually collect the money, the winning party must follow the same steps used in mortgage foreclosure cases. Those steps are laid out in Rules 3180 to 3183, which cover how the property can be sold to pay off the debt.
Committee Notes
Statutory procedures relating to enforcement of tax liens by sale under the Real Estate Tax Law of July 7, 1947, P. L. 1368, as amended, 72 P. S. § 5860.101 et seq., and other acts authorizing Treasurer’s sale remain unsuspended.
Statutory provisions relating to municipal claims and liens remain unsuspended. See Rule 3191(a)(2)(i) through (viii) for provisions including special stay provisions, sequestration of rents, upset price, sale clear of lien and preferences.
See Rule 3191(b) for Acts of Assembly suspended insofar as they provide for units of levari facias and scire facias.