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Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 5108 (2026)

  Imprisonment for debt.

✓ current as of May 2026
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§ 5108.  Imprisonment for debt.

(a)  Constitutional restriction.--The person of a debtor, where there is not strong presumption of fraud, shall not be continued in prison after delivering up his estate for the benefit of his creditors in such manner as shall be provided or prescribed by law.

(b)  Statutory restriction.--Except in an action for fines and penalties, or as punishment for contempt, or to prevent departure from the Commonwealth, a defendant may not be arrested in any civil matter.

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)

 

1978 Amendment.  Act 53 added section 5108.

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1983–2025 · leading case: Sonder v. Sonder, 549 A.2d 155 (Pa. 1988).
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Sonder v. Sonder, 549 A.2d 155 (Pa. 1988). · cites it 2× “This is done by determining the amount of arrearages, by reducing the same to judgment, and by issuing execution against the debtor’s property.”
Est. of Ciuccarelli, 81 A.3d 953 (Pa. Super. Ct. 2013). “Nonetheless, due to the strict standard codified at 42 Pa.C.S. § 5108, we do not find this difference dispositive: The language of 42 Pa.”
Meitner v. Twp. of Cheltenham, 460 A.2d 1235 (Pa. Commw. Ct. 1983). · cites it 2× “Whether the filing of a criminal complaint by the township under the business privilege tax ordinance violates Section 5108(b) of the Judicial Code, 42 Pa. C. S. §5108(b), prohibiting the arrest of defendants in civil matters.”
SPS Tech. v. Workers' Comp. Appeal Bd., 907 A.2d 49 (Pa. Commw. Ct. 2006). “As to whether the Board is a tribunal as defined in 42 Pa.C.S. § 5108(d), we look to Carolina Freight Carriers.”
Kneller v. Stewart, 112 A.3d 1269 (Pa. Commw. Ct. 2015). “42 Pa.C.S. § 5108(a) (emphasis added). Thus, in Leiber , this Court did not dismiss the action and ordered the action transferred to the Supreme Court.”
Lake Erie Promotions, Inc. v. Erie Cnty. Bd. of Assessment Appeals, 60 A.3d 194 (Pa. Commw. Ct. 2012). “See 42 Pa.C.S. § 5108(a), (c). The School District, therefore, argues that transferring its appeal to the 2005 Docket Number is also proper here, where the appeal was filed before the same court under a new docket number simply because of a clerical error.”
Commonwealth ex rel. Roth v. Kozakiewicz, 485 A.2d 843 (Pa. Commw. Ct. 1984). “” Counsel reads the reference to “punishment” as establishing that deprivation of liberty in a civil case may be used in connection with criminal contempt proceedings only.”
Com. v. Beiler, D. (Pa. Super. Ct. 2025). “Appellant also claims that he “paid in full the confine[]ment conditions” and that he cannot be imprisoned for a debt under 42 Pa.C.S. § 5108, and he claims that he is entitled to relief under Section 9546 of the PCRA (42 Pa.”
— 42 Pa. Cons. Stat. § 5108(a) — 2 cases
Kneller v. Stewart, 112 A.3d 1269 (Pa. Commw. Ct. 2015). “42 Pa.C.S. § 5108(a) (emphasis added). Thus, in Leiber , this Court did not dismiss the action and ordered the action transferred to the Supreme Court.”
Lake Erie Promotions, Inc. v. Erie Cnty. Bd. of Assessment Appeals, 60 A.3d 194 (Pa. Commw. Ct. 2012). “See 42 Pa.C.S. § 5108(a), (c). The School District, therefore, argues that transferring its appeal to the 2005 Docket Number is also proper here, where the appeal was filed before the same court under a new docket number simply because of a clerical error.”
— 42 Pa. Cons. Stat. § 5108(b) — 1 case
Meitner v. Twp. of Cheltenham, 460 A.2d 1235 (Pa. Commw. Ct. 1983). “Whether the filing of a criminal complaint by the township under the business privilege tax ordinance violates Section 5108(b) of the Judicial Code, 42 Pa. C. S. §5108(b), prohibiting the arrest of defendants in civil matters.”
— 42 Pa. Cons. Stat. § 5108(d) — 1 case
SPS Tech. v. Workers' Comp. Appeal Bd., 907 A.2d 49 (Pa. Commw. Ct. 2006). “As to whether the Board is a tribunal as defined in 42 Pa.C.S. § 5108(d), we look to Carolina Freight Carriers.”
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