Legal Question in Civil Rights Law in Pennsylvania
Hello,
I had a law firm file a civil complaint against me to recover money they say I owe them for services rendered. There are various reasons why their charges, etc. are unfair and unjustified.
OK. So, they filed a civil complaint to get their money. I called the court to inform them that intended to enter a defense to the complaint. I was told I also needed to fax them of my intentions, which I did. I have the letter and the confirmation sheet that the fax was successfully sent.
Instead of receiving notice of my court date, I received notice that a default judgment had entered against me since I did not respond to the original complaint, which as mentioned above, I had. I called the court to ask how this could have happened and they told me they had no record of my fax. I again requested to have my opportunity to defend myself. I was told my only option was to file an appeal.
I then filed an appeal with the Prothonotary;s Office In Forma Pauperis. The next day I was told that my petition for leave to proceed In Forma Pauperis had been denied.
What can I do?? In my opinion, I have been refused my legal right to defend myself, first by the court claiming they never received my fax (but I have proof they did), and second, by refusing my appeal In Forma Pauperis (and I proved that I have a negatvie cash flow each month (income vs expense).
Please tell me if there is anything I can do.
Thank You.
1 Answer from Attorneys
Get a lawyer, now. In forma pauperis status is only for very poor people. You may make too much to qualify. If you are poor, try Legal Aid. Or you can contact the bar association for your county to see if any lawyers will do this pro bono (for free) or for a reduced fee. Filing something by fax does not count, but by appealing, you will start everything anew.
I do not not know what you are being sued for or if you have a legitimate defense. Did you get the services? Then you owe. Whether you have any counterclaims against the person will depend on facts which you do not share. If you do, then these can be offset against the person suing you.