§ 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.

Saved from Suspension.  Pennsylvania Rule of Civil Procedure No. 3159(b)(9), adopted April 20, 1998, provided that section 8123(b)(3) and (4) shall not be deemed suspended or affected by Rules 3101 through 3149 relating to enforcement of money judgments for the payment of money.

Cross References.  Section 8123 is referred to in sections 3315, 4315, 5315 of Title 68 (Real and Personal Property).