Won small claims, defendant appealed, judgment of non pros

[rentalblind]

What is the name of your state (only U.S. law)? PA


Hi, I sued in district court and won judgment of $3000. Defendant had the right to appeal and appealed but never notified me of his appeal (I found out when I called to take steps to enforce judgment in higher court). Since the twenty or so days had passed, I entered a preacipe to strike his appeal and the prothonotary signed off on it and I took the letter back to district court and filed a separate matter to enforce judgment.

Today I received a notice of intent to take judgment of non-pros, it states that I am in default because I failed to file a complaint on the docket in which the appeal has been stricken. Doesn't make sense but not sure if I did something wrong here also....

I believe the attorney mixed up the docket numbers or is just trying to play games with me and hope that I give up. I won't.

Can anyone recommend a book that I can refer to in PA that can guide me at this point.

much thanks...

 

[LordofBooks]

You can check out the Pennsylvania Rules of Civil Procedure: http://www.pacode.com/secure/data/231/231toc.html

These rules dictate the procedure for how a lawsuit is filed and what can result if things aren't done properly, such as default judgements and non-pros.

If the docket numbers are incorrect, it's easy enough to check the actually status and timeline of filings for your case off of the Pennsylvania court's website, or you can also check look at your filing history at the courthouse or request the other party send their filings to you (they're supposed to anyway).

 

[rentalblind]

Confirmed with the Court that I did everything right. Defendant's attorney was quite suprised when I called her to find out why she was sending me this notice of filing non-pros. She said she couldnt talk to me but would explain the process, so I let her ramble on.... Then I advised her to confer with her client and figure out a settlement. (I am ready to prepare writ of execution) because as far I was concerned her filing of non-pros would get kicked out due to that being a moot matter now.... They are playing games, hoping that I was too stupid to understand the process. While I may not have a law degree or understand all legal terminology, it suffices to say that not all attorneys are competent enough either.... I suppose defendant can pay another filing fee to appeal the strike and argue that it be re-opened but he failed to properly serve me. Just knowing he has wasted all this cash on attorney fees and filing fees is pleasing thus far... Just thought I'd give an update....

 

[rentalblind]

You can check out the Pennsylvania Rules of Civil Procedure: http://www.pacode.com/secure/data/231/231toc.html

These rules dictate the procedure for how a lawsuit is filed and what can result if things aren't done properly, such as default judgements and non-pros.

If the docket numbers are incorrect, it's easy enough to check the actually status and timeline of filings for your case off of the Pennsylvania court's website, or you can also check look at your filing history at the courthouse or request the other party send their filings to you (they're supposed to anyway).

Thank you lord, this will come in quite handy. Prothonotary in my county is quite friendly and very helpful to the extent they are permitted to be...