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Zinnia

Defended against LVNV & won.. Now they're appealing

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21 minutes ago, Goody_Ouchless said:

the first phase of these proceedings are handled like parking tickets, with more complicate cases "appealing" to Stage Two.

"A filing fee is required ranging in an amount somewhere from $40 to $80 depending on the amount in dispute."

https://pa211sw.communityos.org/zf/profile/service/id/1589488

"Appeal, Notice of    $90.25"

http://www.pacourts.us/courts/superior-court/copy-and-fee-requirements

Sounds like that's what they do there. Both of those fees combined are less than a plaintiff would initially pay to have their case heard in AZ Superior Court.

36 minutes ago, Goody_Ouchless said:

I believe, out here, calling Motor Vehicles leads, initially, to someone in a prison call center, who's only task is to route the call.

It's been a while, but last time i called they had a message on the recording that your call would be answered by an inmate and to not give out any personal information. :roflmao:

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12 hours ago, Zinnia said:

They only seem to pursue people without lawyers, they never seem to appeal wins from defense attorneys.

Because an attorney knows the rules of civil procedure and will follow them. You are really making this into more than what it is.  They don't need to appeal the majority of their cases because they are default judgments in their favor.  For the small number of consumers who actually answer and show up AND win they can appeal de novo to state court.  As you said in another post the rules in Magistrate court are "lax" which allows citizens to defend themselves in court without the expense of a lawyer.  By appealing to a court where they will follow ALL the rules to the letter and you don't know those rules one of two things is likely to happen:  they steam roll you on the procedures because you don't know them and get a win; or you settle because you don't know all the rules or don't defend the appeal.

The Magistrate basically showed them where their case against you was weak and now they are going to shore that up and try and seal the deal.

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1 hour ago, Clydesmom said:

Because an attorney knows the rules of civil procedure and will follow them. You are really making this into more than what it is.  They don't need to appeal the majority of their cases because they are default judgments in their favor.

I think this speaks to what OP observed, in terms of the prevalence of pro se's appearing on the appeal rolls. I don't have hard numbers, bur it feels like the majority of posters that have consulted a lawyer over the past several years have been told to either "settle" or "consider bankruptcy." With the wide spread adoption of self-authenticating business records, reputable consumer lawyers (in most jurisdictions) are not going take on cases that are lost before they begin. I suspect that in the OP's area lawyers will only take on cases where there are clear violations, leaving the vast majority of appealed plaintiff loses being cases like this one, where a debtor got lucky.

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On 10/23/2019 at 5:40 AM, BV80 said:

The Federal Arbitration Act is law.  If the contract allows for arbitration, and you have not waived the right to arbitrate, a court cannot deny you that right.

What PA law says you cannot file for arbitration in small claims?

I'm not sure.. but I did come across this while dealing with another JDB. That it has to be raised to a higher court before they allow it.

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@Harry Seaward @Goody_Ouchless

Sorry, I don't seem to be able to multiquote in one message..

But anyhow, I waited to respond just so I'd have more information since I really didn't have any. And, I still don't. I received the 'Notice of Appeal' and waited the full 20 days for them to file, as well as another week. I called the courts and they informed me that they never filed a claim..

What I'm confused about now is, what to do next. The Notice of Appeal states, " (1)You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail.(2)If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU."

http://www.pacourts.us/assets/opinions/supreme/out/516civamendattach.pdf

I asked the clerk, and she made it seem like they can still file a complaint.. even though their time has passed. But I can file a Non Pros, give them another ten days to file, and then have a judgment against them.. But according to the link above, wouldn't the courts file a "judgment by default"?

Thank you for any help, this whole new process seems so convoluted to me

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21 hours ago, Zinnia said:

What I'm confused about now is, what to do next.

I asked the clerk, and she made it seem like they can still file a complaint.. even though their time has passed. But I can file a Non Pros, give them another ten days to file, and then have a judgment against them.

The steps to pursue a rule 1006 procedure to strike the appeal are as follows:

1. Once 20 days pass (since the date of service of the notice of appeal), if a complaint has not been filed, fill out the form “Notice of Praecipe to Enter Judgment of Non Pros”, and send it to the other side.
2. Wait ten more days.
3. If the ten days pass and the other side still have not sent you a complaint, file a “Praecipe for Non Pros”.

service of  notice of appeal — wait 20 days  — send notice of praecipe — wait 10 days — file praecipe

See page 7 of this document for further details.

Read this case, and all cases cited within, for further information about the rule 1006 procedure.

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