§ 7156. Executions.
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/pa/title-44/chapter-71/7156A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§ 7156. Executions.
(a)Debt, interests and costs.-- The debt, interest and costs of a writ of execution delivered to a constable shall be entered into the docket of a magisterial district court and on the back of the writ of execution. A constable may not be discharged from the writ of execution unless he provides to the magisterial district judge on or before the return day of the writ of execution the receipt of the plaintiff or any other legally sufficient return.
(b)Invalid returns.-- If a constable makes a false return, does not produce the plaintiff's receipt on the return day or makes a return deemed insufficient by the magisterial district judge, the magisterial district judge shall issue a summons to the constable to appear on the designated day, which may not be more than eight days from the date of issuance, to show cause why a writ of execution should not be issued against the constable for the amount of the writ of execution under subsection (a). If the constable does not appear or does not show sufficient cause why the writ of execution should not be issued against him, the magisterial district judge shall enter judgment against the constable for the amount of the writ of execution under subsection
(a)with costs. No stay may be entered upon the writ of execution, and, upon application of the plaintiff or his agent, the magisterial district judge shall issue an execution against the constable for the amount of the judgment, which may be directed to an authorized person. The summons under this subsection shall be issued to an authorized person to serve. If the summons is not served, that person shall pay a fine of $20. If an authorized person cannot be conveniently found to serve the summons, the magisterial district judge shall direct it to the supervisor of the highways of the township, ward or district where the constable resides, who shall serve the summons or pay a penalty of $20.
(c)Insolvent debtors.-- Nothing in this section shall affect proceedings regarding insolvent debtors and their discharge on a full surrender of their property.
44c7157s