Form 408 is the praecipe you file with the Prothonotary to make a Pennsylvania court issue a writ of execution on an unpaid money judgment, and filling it out correctly means matching the format set by Pa.R.C.P. 3251, entering the current balance with post-judgment interest, and naming the county, defendant, and any garnishee whose property you want reached. To fill out Form 408 as a praecipe for writ of execution, you complete the caption, work through five numbered paragraphs, sign it, and file it with the correct fee and Sheriff’s instructions in the county where the judgment is recorded.
The writ is only good for 90 days once it issues, so the goal is to get everything on the form right the first time.1Legal Information Institute. Pennsylvania Code 231 Pa. Code Rule 3106 – Substitution, Reissuance and Expiration of Writ
Gather This Information First
Before you write anything on the praecipe, pull the following from the docket and your records:
- The exact case number and caption as they appear on prior filings.
- The date the judgment was entered and the original principal amount.
- Every partial payment or credit the debtor has made since entry, so you can enter the net balance still owed.
- Post-judgment interest calculated at the correct statutory rate from the judgment date forward. Federal court judgments use a different rate tied to the one-year Treasury yield for the week before entry, compounded annually.2New York Codes, Rules and Regulations. 42 Pa.C.S. 8101 – Interest on Judgments3United States Courts. 28 U.S.C. 1961 – Post Judgment Interest Rates
- Any court costs you’ve paid since the judgment was entered.
- The full name and address of any garnishee (bank, employer, or other holder of the debtor’s property). For bank levies, having the account number moves things along.
- Written descriptions of any specific personal property or real estate you want the Sheriff to reach. Real estate held in a garnishee’s name needs a legal description precise enough for the Sheriff to identify.
The interest math causes more rejections than anything else. The Prothonotary will check your figures, so run them twice.
If you don’t yet know where the debtor keeps money or property, Pennsylvania lets you serve interrogatories in aid of execution before filing the praecipe. The debtor has a set period to identify accounts, employers, and other assets, and non-answers can be compelled by court order. Doing this discovery first lets you name the right garnishee on the form.
Filling In the Praecipe
The form must be “substantially” in the layout prescribed by Pa.R.C.P. 3251, meaning the structure is fixed but small formatting differences won’t get it kicked back.4Pennsylvania Code. 231 Pa. Code Rule 3251 – Praecipe for Writ of Execution, Money Judgments
Start with the case caption at the top, worded exactly as it appears on earlier filings. If you’re naming a garnishee, the garnishee also has to appear in the caption.5Lancaster County Court of Common Pleas. Instructions for Praecipe and Writ for Execution or Attachment Below the caption, the form is addressed to the Prothonotary and directs that office to issue a writ of execution. Then you fill in the five numbered paragraphs.
Paragraph 1: County
Name the county whose Sheriff will carry out the writ. If the debtor’s assets sit in a different county from where the judgment was entered, this paragraph names that other county, and you’ll file a separate praecipe and fee there.5Lancaster County Court of Common Pleas. Instructions for Praecipe and Writ for Execution or Attachment
Paragraph 2: Defendant
Enter the defendant’s name exactly as it appears on the judgment. Don’t shorten it or add titles that aren’t in the docket entry.
Paragraph 3: Garnishee
If a third party holds property you want attached (a bank holding an account, an employer holding wages, another entity holding funds), write that party’s full legal name and address here. Leave the line blank if the Sheriff will levy directly on the debtor’s own personal property.5Lancaster County Court of Common Pleas. Instructions for Praecipe and Writ for Execution or Attachment
Paragraph 4: Indexing and Lis Pendens
This paragraph tells the Prothonotary whether to index the writ against the defendant and, when applicable, enter a lis pendens against real property held in a garnishee’s name. If you’re asking for the lis pendens entry, attach a specific property description. If the form doesn’t have room, add sheets.6Pennsylvania Code. 231 Pa. Code Rule 2963 – Praecipe for Writ of Execution, Certification, Form
Paragraph 5: Amount Due
List the amount due, the date from which interest runs, and a separate line for costs. Keep principal and interest on their own lines so the Prothonotary can check the totals against your calculation. This is the figure the Sheriff will collect against.
Signature
Sign at the bottom. An attorney handling the case signs and includes an attorney identification number. If the underlying judgment was entered by confession, a different praecipe form under Pa.R.C.P. 2963 applies, and it carries an added certification that the judgment was properly entered.6Pennsylvania Code. 231 Pa. Code Rule 2963 – Praecipe for Writ of Execution, Certification, Form
Where and How to File It
File the completed praecipe with the Prothonotary in the county where the judgment is recorded. Bring the original and enough copies to satisfy that county’s requirements. Pike County, for example, asks for one original and three copies on any court filing.7Pike County, PA. Pike County Prothonotary Copy counts vary, so call ahead.
The Prothonotary charges a filing fee at the counter. Centre County lists a writ of execution fee of $35.50; other counties set their own amounts.8Centre County, PA. Fee Schedule The fee gets added to what the debtor owes, along with Sheriff costs. Payment methods vary by office: cash and money orders are usually accepted, checks sometimes.
Some Common Pleas courts accept praecipes through PACFile, the state’s electronic filing portal.9Unified Judicial System of Pennsylvania. PACFile Overview Coverage is expanding but not universal, and many counties still require in-person or mail filing for execution documents. Confirm before you rely on e-filing.
If the debtor’s assets sit in a county different from the one where the judgment was entered, you need a separate writ directed to that county’s Sheriff, with its own filing fee.5Lancaster County Court of Common Pleas. Instructions for Praecipe and Writ for Execution or Attachment
Sheriff’s Instructions to File With the Praecipe
The praecipe alone doesn’t tell the Sheriff what to do. You attach written instructions covering the specifics: which bank branch and address to serve, which physical address to visit, which items to seize. For personal property levies, list the address and the exact items. For real estate, include the address and six copies of the legal description. When a garnishee is involved, attach the original interrogatories along with two extra copies.5Lancaster County Court of Common Pleas. Instructions for Praecipe and Writ for Execution or Attachment
The Sheriff bills separately for service and for carrying out the levy. In Wayne County the charge is $300 for a garnishment-only writ and $450 for a personal property levy; other counties set different rates.10Wayne County, PA. Sheriff Fee Schedule These costs are added to the balance the debtor owes.
The 90-Day Deadline
A writ of execution expires 90 days after it issues if the Sheriff hasn’t served it or made a levy in that time.1Legal Information Institute. Pennsylvania Code 231 Pa. Code Rule 3106 – Substitution, Reissuance and Expiration of Writ If a levy or attachment was made inside the window, the writ stays alive long enough to complete that pending execution. If nothing happened, you file a new praecipe and pay the fees again. If you know the Sheriff’s office is running behind, follow up early rather than assuming the clock will pause.
Filing Satisfaction Once the Judgment Is Paid
When the debt is paid in full, whether through the Sheriff’s levy, voluntary payment, or a mix, you have a legal duty to enter satisfaction of judgment on the debtor’s written request and tender of the filing fee. Ignoring that request beyond 90 days without good cause exposes you to liquidated damages of 1% of the original judgment for each month you delay, with a $250 floor and a $2,500 ceiling.11Pennsylvania General Assembly. 42 Pa.C.S. 8104 – Duty of Judgment Creditor to Enter Satisfaction Filing satisfaction also clears the judgment lien from real property, which matters if a title search later comes up against your name.