§ 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).
Notes of Decisions
Cited in
21
cases (
3 in the last 5 years), 1982–2025 · leading case:
Sweeney v. Lotz, 787 A.2d 449 (Pa. Commw. Ct. 2001).
Sweeney v. Lotz, 787 A.2d 449 (Pa. Commw. Ct. 2001).
“See Section *451 8123(a) of the Judicial Code, 42 Pa.C.S. § 8123(a). By opinion and order dated February 20, 2001, the trial court denied Appellant’s petition.”
Russell v. Donnelly, 827 A.2d 535 (Pa. Commw. Ct. 2003).
“The Court rejected the petitioner’s equal protection challenge claiming that as an incarcerated individual he was denied the same right and privilege as other persons similarly situated to file the $300 claim for exemption allowed to non-incarcerated judgment debtors under…”
Harvey v. Dep't of Corr., 823 A.2d 1106 (Pa. Commw. Ct. 2003).
· cites it 2× “The inmate pointed to Section 8123(a) of the Judicial Code, 42 Pa.C.S. § 8123(a), which provides judgment debtors the right to file a $300.”
Dollar Bank v. Tarbuck (In Re Tarbuck), 318 B.R. 78 (Bankr. W.D. Pa. 2004).
“In this regard we examine the Pennsylvania general monetary exemption at 42 Pa.Cons.Stat.Ann. § 8123. That section provides: (a) General Rule.”
G6 Hosp. Franchising LLC v. Zaver (In re Zaver), 520 B.R. 159 (Bankr. M.D. Penn. 2014).
“He also claims as exempt his interests in real property, in various business entities, in the billboard, and in two motor vehicles (the Honda and the Jaguar) under the general monetary exemption of $300 pursuant to 42 Pa.C.S. § 8123(a). Therefore, the value of these assets, even…”
In Re Stephenson, 205 B.R. 52 (Bankr. E.D. Pa. 1997).
“Under Pennsylvania law, the Debtor is permitted to exempt up to $300 in any type of property, 42 Pa.C.S. § 8123(a), along with her entire interest in wearing apparel.”
Savitz v. Ciccotelli, 493 A.2d 81 (Pa. Super. Ct. 1985).
“It assumes that the exemption for residential real estate provided by the Bankruptcy Act will be recognized as consistent with Pennsylvania law, which provides no counterpart to the Federal exemption, although 42 Pa.”
Jones, B. v. Skaro, J. (Pa. Super. Ct. 2018).
“” 42 Pa.C.S. § 8123(a). 3 PNC’s answer to interrogatories revealed recurring deposits of protected federal Social Security benefits in one of the accounts held in the name of Karen Skaro and Ms.”
Belfi v. Bancorp (E.D. Pa. 2022).
“nds on deposit exceed $10,000 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law, and (3) the funds on deposit, not…”
J.D. Lynn v. The Pa Doc (Pa. Commw. Ct. 2024).
“We explained: Once more, [Sweeney] points to Section 8123(a) of the Judicial Code, addressing a $300.”
Shin Da Enter. Inc. v. XIANG YONG (E.D. Pa. 2025).
“that do not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123 [$300].” ECF No. 449 at 16.”
— 42 Pa. Cons. Stat. § 8123(a) — 11 cases
Sweeney v. Lotz, 787 A.2d 449 (Pa. Commw. Ct. 2001).
“See Section *451 8123(a) of the Judicial Code, 42 Pa.C.S. § 8123(a). By opinion and order dated February 20, 2001, the trial court denied Appellant’s petition.”
Russell v. Donnelly, 827 A.2d 535 (Pa. Commw. Ct. 2003).
“The Court rejected the petitioner’s equal protection challenge claiming that as an incarcerated individual he was denied the same right and privilege as other persons similarly situated to file the $300 claim for exemption allowed to non-incarcerated judgment debtors under…”
Harvey v. Dep't of Corr., 823 A.2d 1106 (Pa. Commw. Ct. 2003).
“The inmate pointed to Section 8123(a) of the Judicial Code, 42 Pa.C.S. § 8123(a), which provides judgment debtors the right to file a $300.”
G6 Hosp. Franchising LLC v. Zaver (In re Zaver), 520 B.R. 159 (Bankr. M.D. Penn. 2014).
“He also claims as exempt his interests in real property, in various business entities, in the billboard, and in two motor vehicles (the Honda and the Jaguar) under the general monetary exemption of $300 pursuant to 42 Pa.C.S. § 8123(a). Therefore, the value of these assets, even…”
In Re Stephenson, 205 B.R. 52 (Bankr. E.D. Pa. 1997).
“Under Pennsylvania law, the Debtor is permitted to exempt up to $300 in any type of property, 42 Pa.C.S. § 8123(a), along with her entire interest in wearing apparel.”
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