Rule Text
(a) The petition shall name the judgment creditor as petitioner.
(b) The petition may name as respondent any debtor, obligor, guarantor, mortgagor, and any other person directly or indirectly liable to the judgment creditor for the payment of the debt, and any owner of the property affected thereby.
Amendment history: The provisions of this Rule 3281 adopted December 6, 1996, effective January 1, 1997, 26 Pa.B. 6068; amended December 2, 2009, effective January 4, 2010, 40 Pa.B. 19. Immediately preceding text appears at serial page (297593).
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 judgment and is owed money, they are the one who files this petition. That person is called the "judgment creditor," meaning they are the one the court said must be paid.
The petition can name several different people as respondents, which means the people being asked to pay. This includes the main person who owes the money, but also others who may be responsible for the debt. For example, a guarantor (someone who promised to cover the debt if the main borrower didn't pay) or a property owner whose property is connected to the debt can also be included.
Committee Notes
Section 8103(b) of the Judicial Code, 42 Pa.C.S. § 8103(b), governing deficiency judgments provides that ‘‘[a]ny debtor and any owner of the property affected thereby, who is neither named in the petition nor served with a copy thereof or notice of the filing thereof as prescribed by general rule, shall be deemed to be discharged from all personal liability to the judgment creditor on the debt, interest, and costs. . . .’’