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General monetary exemption - 42 Pa. Cons. Stat. § 8123Legal Research Home > Pennsylvania Statutes Sponsored Links
§ 8123. General monetary exemption.
(a) General rule.--In addition to any other property
specifically exempted by this subchapter, property of the
judgment debtor (including bank notes, money, securities, real
property, judgments or other indebtedness due the judgment
debtor) to the value of $300 shall be exempt from attachment or
execution on a judgment. Within such time as may be prescribed
by general rules the judgment debtor may claim the exemption in
kind and may designate the specific items of property to which
the exemption provided by this section shall be applicable
unless the designated property is not capable of appropriate
division, or the judgment debtor may claim the exemption in cash
out of the proceeds of the sale.
(b) Exception.--Subsection (a) shall not apply to any
judgment:
(1) For support.
(2) Debtor who is not an individual.
(3) Obtained for board for four weeks or less.
(4) For $100 or less obtained for wages for manual
labor.
(5) Obtained in foreclosing a mortgage secured upon real
property whether the judgment is by an action in mortgage
foreclosure or an action on a note, bond or other evidence of
indebtedness accompanying a mortgage. The exception to the
general monetary exemption provided for in this paragraph
shall be limited to the real property secured by the
mortgage. The exception shall not apply to any deficiency
judgment.
(c) Executions issued by minor judiciary.--As to executions
issued by the minor judiciary the amount of the exemption
specified in subsection (a) shall be reduced by the value of any
real or personal property of the judgment debtor which is
generally subject to attachment or execution but which by law is
not subject to attachments or executions issued by the minor
judiciary.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; June 8, 1979,
P.L.42, No.14, eff. imd.; Dec. 20, 1982, P.L.1409, No.326, eff.
60 days)
1982 Amendment. Act 326 amended subsecs. (a) and (c).
1979 Amendment. Act 14 amended subsecs. (a) and (b). Section
2 of Act 14 provided that Act 14 shall be retroactive to June
27, 1978, and further provided that all amounts heretofore
collected by officers enforcing orders under 42 Pa.C.S. § 8123
as purported monetary exemptions in mortgage foreclosure actions
shall be refunded forthwith to the party entitled thereto.
Cross References. Section 8123 is referred to in sections
3315, 4315, 5315 of Title 68 (Real and Personal Property).
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Last modified: November 27, 2007 |