Pennsylvania Bank Account Garnishment After a Judgment

Bank account garnishment is the most effective collection tool available to Pennsylvania judgment creditors. Because the state prohibits wage garnishment for standard civil debts, levying on a debtor's bank account is often the fastest path from judgment to payment. Here's how the process works.

You Need a Common Pleas Judgment First

Bank garnishment is not available through the Magisterial District Court system. If your judgment was entered by an MDJ, you must transfer it to the Court of Common Pleas before you can garnish a bank account.

The transfer is straightforward: request a certified transcript from the MDJ and file it with the county Prothonotary. The fee is typically $25 to $50. Once indexed, you have access to the full enforcement toolkit under Pa.R.C.P. 3101 et seq. — including bank garnishment.

Filing the Writ of Execution

To garnish a bank account, file a Praecipe for Writ of Execution (Garnishment) with the Court of Common Pleas Prothonotary. The praecipe names the debtor's bank as the garnishee and specifies the branch where you believe the debtor holds accounts.

You'll need to know (or have a reasonable basis to believe) which bank the debtor uses. Public records, checks you received before the dispute, or post-judgment discovery under Pa.R.C.P. 3117 can help you identify the right institution.

Filing fees range from $40 to $80 depending on the county, plus a deposit for the sheriff's service.

How the Freeze Works

Under Pa.R.C.P. 3111(b), serving the Writ of Execution on the bank immediately freezes all funds in the debtor's account up to the full judgment amount plus interest and costs. The freeze captures:

• Every dollar in the account at the moment of service
• Any deposits made after service, until the judgment is satisfied

The bank cannot release the frozen funds to the debtor while the writ is active. The sheriff simultaneously serves Interrogatories to Garnishee under Pa.R.C.P. 3144 — the bank must file sworn answers within 20 calendar days, disclosing exact balances in all accounts the debtor holds.

Protected Funds

Not everything in the account is available for garnishment. Under federal law (31 C.F.R. Part 212), the bank must automatically protect two months' worth of direct-deposited federal benefits:

• Social Security retirement and disability payments
• Supplemental Security Income (SSI)
• Veterans Affairs (VA) benefits
• Railroad Retirement benefits
• Civil Service Retirement payments

The bank performs this lookback calculation before applying the freeze. The protected amount stays available to the account holder.

Additionally, the debtor can claim Pennsylvania's $300 general property exemption under 42 Pa.C.S. § 8123 against any bank funds. Property held jointly by married spouses as tenants by the entireties is also protected from individual judgments.

From Freeze to Payment

After the bank files its interrogatory answers:

1. You wait 20 calendar days from service before seeking judgment against the garnishee (Pa.R.C.P. 3123.1(c))
2. If the debtor hasn't filed an exemption claim, you file a motion for judgment against the bank for the frozen amount
3. The court orders the bank to release the funds to the sheriff
4. The sheriff disburses the money to you, minus any sheriff fees

If the debtor files an exemption claim within 20 calendar days, the court schedules a hearing to resolve which funds are exempt.

Practical Considerations

Multiple accounts. The writ freezes all accounts the debtor holds at the named bank — checking, savings, CDs, money market accounts. If you suspect accounts at multiple banks, you'll need a separate writ for each.

Joint accounts. If the debtor shares an account with a non-debtor spouse, tenants-by-the-entireties protection may shield the account from your writ. If the account is shared with someone other than a spouse, you can argue that the debtor's portion of the funds is reachable.

Timing matters. Serve the writ when the account is most likely to have a balance — after a paycheck deposit, for example. Once wages are deposited into a bank account, they lose their wage-exemption character and become garnishable general funds.

Cost recovery. All lawful execution costs — filing fees, sheriff deposits — are added to the judgment balance. You recover these when the debtor's funds are released to you.

For step-by-step garnishment instructions including the praecipe template and interrogatory forms, the Pennsylvania Judgment Collection Guide covers every phase from filing through fund disbursement.

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