Legal Question in Business Law in Pennsylvania

civil case, contempt order

I' live in California..(for about ten years) this case takes place in montgomery county Pennsylvania..for the past few years I've been getting sued for tape (yes a video tape)..in Pennsylvania(a tape which I don't have)..and now I just found out there is a default judgement against me.(my parents live in this area and have received court dates but I would get these months too late) (my father also has the same name as myself) well now there is an order that they can enter my parents house to look for it..which they did..(the guy who's sueing me is a lunatic) and there is an order in ten days if this tape is not given to a lawyer I will be arrested..also I cannot appeal..we are past the thirty day time to appeal.. so i don't have this tape (this is from a job six year ago. and I can't appeal) what do you think? thanks


Asked on 3/18/09, 7:58 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: civil case, contempt order

I am not licensed to practice law in PA and I have no idea what the law is there, especially regarding default judgments and how and when they might possibly be set aside.

That said, we volunteer attorneys here at LawGuru really do want to help you, but you are going to have to provide more facts -- INCLUDING THE FACTS THAT AREN'T FAVORABLE TO YOU. Start at the beginning. Who, what, when, where, why and how.

I gather you entered into a contract with somebody to edit their videotapes. Was the contract in writing? How much were you supposed to be paid? How much were you paid? Did you finish the job? If not, why not? If you don't have his tapes, exactly why is it that you don't have them? What address did he have for you at the time? If you moved, did you tell him? Did you keep copies of the contract, any checks, or dubs of the raw and/or finished video? If not, why not? When was the first time you found out about the lawsuit? What if anything did you do about it at the time? Why didn't you hire a lawyer in Montgomery County, PA to respond to the lawsuit? Why haven't your parents gone to court in PA to quash the court orders authorizing entry into their property?

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Answered on 3/18/09, 8:30 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: civil case, contempt order

The plaintiffs and the court probably don't realize that you and your father are different people with the same name. It seems likely that the court never obtained jurisdiction over you, but did obtain jurisdiction over your father in the mistaken belief that he is you. If that is the case then you and/or your father may be able to have the default and the default judgment set aside. You should consult with a Pennsylvania attorney ASAP to learn what you can do, and should then do it as quickly as possible.

Good luck.

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Answered on 3/24/09, 5:12 pm


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