Out of State Civil Complaint

[Katie Reiss]

I purchased a 10 acre flag lot in Pa. 11 years ago. In the deed it stated that the property next to us which was land locked would share in the cost of putting in a drive. After a year we decided not to build. Several years later the lot next door was sold. We received a phone from neighbor lot asking us if we were planning on starting to build soon and what were we planning on doing about the drive and electric. I told them we did not think we would build. We received a certified letter last year from the neighbor that we owed half the cost of putting in a driveway. We have been trying for several years to sell the property thru a RealEstate agent. We finally sold the property at a big loss (value had decreased) We received notice from Pa. that a Civil Complaint has been issued on us. He claims he sent us 4 or five estimates to choose from. We did not receive any. We feel he put the driveway in on his own and he should pay for it. It would be a great hardship for us to travel from Florida to Pa. to settle this. Do we have to go? Do we have any leg to stand on? We are retired and have limited income. We do not have the means to return to Pa. We have not lived there since 11/7/00 and do not plan living there.

 

[JETX]

Yes, you might have a defense against his claim, if he can't show that he sent you the claimed estimates. Additionally, does the deed have any requirement that either party approve the cost of putting in a drive, or is it 'first come first serve without approval'?? Lot of questions....

However, my question to you is, if you no longer have any seizable assets in PA, and are fairly happy where you are, why fight it at all? In my opinin, here is what will happen:
1) They will get a default judgment against you in PA for $x.00
2) Since it is a default, it cannot be 'domesticated' to Florida. This means that they can't touch any assets you have in Florida.
3) It will probably be noted on your credit report as a judgment. If so, write a letter to the credit reporting agencies and ask them to investigate and since it was default, it will either be removed, or your explanation included with the credit history.
Bottom line... they have a worthless judgment that doesn't affect you.