Legal Question in Appeals and Writs in Pennsylvania

never notified of an appeal to a small claims judgement

I took a person to small claims court that lives out of state and I told the clerk to give them all the time they needed to make the trip. His lawyer asked for a 3 week continuance from the first hearing and it was given. On the day the hearing was scheduled no one showed up. I got a default judgement.

30 days later I took the judgment to the magistrate to get it notorized and then I forewarded all of the documents to the state he has property in. I sent him an email asking him to pay me or I will have the sheriff collect the money for me. within 4 days I get a letter from his attorney saying since the certified mail was returned unclaimed he is notifying me by mail they are appealing the default judgement. by this time 40 days have passed and there are strict deadlines that have to be met. since I was not served what next?


Asked on 5/01/05, 6:39 pm

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: never notified of an appeal to a small claims judgement

You need to speak with a lawyer. If 30 days has passed an appeal cannot be filed. But, a petition to open default judgment can be filed at any time. If he was not properly served the judgment may be opened and he will be allowed to present a defense. I offer free consultations.

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Answered on 5/01/05, 7:43 pm


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