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I Won....I Won....I Won My Case-but There Is A Twist


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Ok I just got back from the District Magistrate's office where I had my hearing today! Quick recap-being sued by JDB for repo deficiency-the lawyer lived 9 hours away-I sent the notice of intent to defend and went to trial hoping to answer discovery... WELL..... THEY NEVER SHOWED UP! So I was granted judgement by default.

NOW. Here is where I get confused!

The plantiff has 30 days to appeal the decision and the judge told me that the plantiff has 30 days to appeal in the court of common pleas in the county where i live in.-which is basically the next higher up court. As I was leaving the judge turns to me and tells me that the best advice he can give me is that if I receive anything form the courthouse to not ignore it! I said ok and thanked him and left.

So I guess the question I have is, can the Plantiff re-issue a lawsuit on appeal from their default judgement?? Can they still sue me??? I live in Pennsylvania

One more thing I would like to mention. I think the DJ called the Plantiff wondering if they were going to show or not, and they had a conversation over the phone. Can they do this??

Well I would appreciate any input on this-I am very happy that I won today but I have a feeling that its not over yet!!

Chris

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I'm confused by one of your statements. You said you went to trial today 'hoping to answer discovery.' Requests for discovery need to be answered before trial. :<img src=:'>

Your hunch that is not over is probably correct. I'm surprised that the CA/lawyer didn't hire someone locally to show up on its behalf. They may appeal, as is their right. You would then need to respond to the appeal, a hearing will be set in that court, and the appeals judge will render a decision. If a judgment is entered in your favor it will be entered 'with prejudice' or 'without prejudice.' If it is entered 'with prejudice' then the CA is barred from suing you again.

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They didn't show up, so the judgment is final unless they appeal the default. They probably can't just ask for it because, but have to give a valid reason for the no show.

This is better for you than them dismissing at the last minute when you declared your intent to defend. If they dismissed, they could just pass it on to someone who intended to show up. In this case they are stuck so wait out the 30 days.

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it was Erie County, Pennsylvania..... And to answer the question about discovery. When you get sued by someone at the district justice level in Pennsylvania, there is no discovery attached to the complaint. Its sort of like traffic court. where you plead either guilty or innocnet. In this case you have to notify the court of your intent to defend and then the court forwards the notice to the plaintiff. You present your case on your court date...

Chris

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:)++ Must have been a lucky day for Pennsylvanians..........NO Show at mine today, too. I must say that it worries me,......... because I would much rather present a defense in District Court rather than the court of common pleas. 30 days can seem like forever sometimes.:confused:
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it was Erie County, Pennsylvania..... And to answer the question about discovery. When you get sued by someone at the district justice level in Pennsylvania, there is no discovery attached to the complaint. Its sort of like traffic court. where you plead either guilty or innocnet. In this case you have to notify the court of your intent to defend and then the court forwards the notice to the plaintiff. You present your case on your court date...

Chris

Yes, thats exactly what happened to me. I wasn't in the courtroom 5 minutes. The judge looked over the paperwork and was disgusted, because even he said it was obvious they weren't going to show - there was paperwork to already start the appeal process from the lawyer.

The Court of Common Pleas date was finally scheduled when we started discovery with each other. It was about 6 months after the appeal. I made this ridiculous lowball offer with a boatload of conditions attached (dismiss with predjudice, settled in full, cannot resell, give me your first born), they signed it and said, "where's the money"? I couldn't believe it, but I sent them the cash and it was all done, no court, nothing.

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