How to answer/plead to a Praecipe for Writ of Revival?
I want the court to strike or at least open this judgment.
2 Answers from Attorneys
You need to hire an attorney. No one is going to post an answer as to how to draft such an intricate motion. Frankly, even if they did, you still couldn't do it yourself. There alot more to this than filing a simple piece of paper. Contact a local consumer attorney for more detailed consultation, and then hire them.
I agree with Greg that there is no simple answer to filing a Petition to Strike or Open.
But, more importantly, it is a virtual certainty that you would not be able to open the judgment. The only basis to open a judgment is if you can show a meritorious defense, and such a petition must be filed promptly. While there is no specific time frame defining prompt, more than 30 days is usually found to be an unreasonable delay. Since you are referring to a writ of revival usually filed 5 years after a judgment is entered, it is safe to say that the delay is beyond unreasonable.
The only other remedy is to strike the judgment which can only occur if there is defect on the record. The most common example is lack of service. However, a judgment is rarely entered without such proof of service on the docket.
If the docket reveals some defect, then such a petition would be well founded.
Feel free to call or email me on a free initial basis.
Very truly yours,
Matthew R. Nahrgang, Esquire
35 Evansburg Road
Collegeville, PA 19426
(610) 489-3041 ph
(610) 489-3042 fax