Pennsylvania Personal Property Levy and Constable Execution

Seizing and selling a debtor's personal property is one of the original enforcement tools in Pennsylvania's judgment collection system. Whether you go through the Magisterial District Court with a constable or the Court of Common Pleas with the sheriff, the process follows a defined path from order to auction.

Two Systems, Same Goal

MDJ execution with a constable. In the 66 counties outside Philadelphia, you file a Request for Order of Execution (MDJS Form 305ABL) with the MDJ court. The court issues an Order for Execution directed to a constable. The constable has 60 calendar days to locate, seize, and sell the debtor's personal property.

Common Pleas execution with the sheriff. If you've transferred your judgment to the Court of Common Pleas, you file a Praecipe for Writ of Execution with the Prothonotary. The writ goes to the county sheriff's civil division, which handles the levy, notice, and sale.

Both paths end the same way: the debtor's tangible property is sold at public auction, and the proceeds are applied to your judgment.

What Happens During a Levy

The executing officer — constable or sheriff deputy — arrives at the debtor's location with the execution order. They then:

1. Identify property. The officer creates a detailed inventory of items subject to seizure. Identify property you believe the debtor owns and share relevant details with the officer; the MDJS 305ABL request form itself does not include a property-description field.

2. Seize or tag. The officer either physically removes the items or places them under constructive levy — meaning the items stay in place but are tagged, and the debtor is warned that moving, hiding, or selling levied property is a criminal offense.

3. Post notice of sale. Public auction notices must be posted at least 6 days before the sale at the court, the officer's office, and near the property location.

4. Conduct the auction. The property is sold at public auction to the highest bidder for cash. Proceeds go first to officer costs and fees, then to your judgment balance. Any surplus is returned to the debtor.

What Can Be Seized

Any tangible personal property owned by the debtor is potentially subject to execution:

• Business equipment, inventory, and supplies
• Motor vehicles (though executing on a car requires additional steps — sheriff towing, storage, PennDOT title search)
• Electronics, furniture, and household goods (though these typically have low auction value)
• Tools, machinery, and professional equipment

What's Protected

Pennsylvania protects certain property from execution:

• $300 exemption — Under 42 Pa.C.S. § 8123, the debtor can exempt up to $300 in cash or property from any execution. The debtor chooses which items to protect.
• Statutory exemptions — Under 42 Pa.C.S. § 8124, wearing apparel, Bibles and school books, sewing machines, and certain retirement accounts are exempt.
• Tenants by the entireties — Property jointly owned by married spouses as tenants by the entireties cannot be levied on to satisfy an individual judgment.

The Cost Question

Personal property levies require upfront costs:

• MDJ filing fee: $51.50
• Constable costs: mileage, inventory, posting, and sale expenses — varies by county and distance
• Sheriff deposits: for Common Pleas execution, officer deposits often range from $50 to $200+, depending on county and scope

These costs are recoverable from the debtor — they get added to the judgment balance. But you need to advance them before knowing whether the levy will produce enough to cover your judgment.

The practical question is always: does the debtor have personal property worth seizing? Business owners with visible inventory or equipment are good candidates. Debtors whose only property is used household furniture are not — the auction proceeds rarely justify the costs.

Constable vs. Sheriff: When Each Applies

Use the constable route (MDJ) when:

• Your judgment is still at the MDJ level
• The property is within the county
• You want a faster, less formal process

Use the sheriff route (Common Pleas) when:

• You've transferred the judgment to Common Pleas
• You want to combine the property levy with other enforcement (bank garnishment, real estate lien)
• You need the sheriff's broader enforcement authority

For complete instructions on filing for personal property execution — including the MDJS Form 305ABL walkthrough and sheriff deposit requirements by county — see the Pennsylvania Judgment Collection Guide.

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