Legal Question in Civil Rights Law in Pennsylvania

Praecipe

I was being sued by an old roomate for rent not paid. I was in a verbal agreement with 2 other roomates that I would forgo my security deposit and also move out a month early so that I would not have to pay that months rent. I missed the origional court date and then filed for an appeal. I never recieved any information regarding a court date for the appeal, and todat I recieved a Notice of Praecipe to Enter Judgement by default. What should I do and can I go to jail if I do not pay or can I loose property, if I do not pay.


Asked on 8/08/08, 12:26 pm

1 Answer from Attorneys

Re: Praecipe

A notice of praecipe to enter judgment by default means that you have a set amount of time to file a document with the local prothonotary or court. The notice should give you all the information you need. From the facts that you are describing it sounds like you have ten days to file an Answer to the other side's complaint.

I recommend retaining a local attorney to assist you - even if it is only to answer the complaint. It ought not take more than an hour or two, and you should be able to find someone who will charge you a reasonable hourly rate for this time.

If you fail to answer, then either a money judgment will be entered against you or the case will proceed for what is called an assessment of damages, where the only question is not DO you owe, but how MUCH you owe.

Although you will not go to jail, as this is not a criminal case, you will have a judgment against you and the plaintiff can execute on that judgment. The plaintiff can require you to answer written questions through subpoena (which, if you don't answer, you could potentially be found in contempt of court), use the sheriff to seize certain property, potentially garnish wages, and have your drivers license suspended.

Finally, think about how much money you are alleged to owe. If it is a matter of a few months worth of rent, then it may be in your interest to call the other side and work out a deal with them. In the long run, this may save you time, money, and heartache. Good luck.

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Answered on 8/08/08, 12:42 pm


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