Legal Question in Credit and Debt Law in Pennsylvania

Assumpsit just means the suit was in contract rather than tort. In either case, you can appeal a final judgment within 30 days after the judgment was entered on the docket.

The more important question is whether you should appeal or not.

Appeals are very very costly if you get a lawyer (I charge $7500 to $10,000 on average because they are very time consuming and detailed). If you aim to represent yourself, then you are almost guaranteed to be unsuccessful for many reasons. Leaving aside the merits of your claim, there are numerous rules to follow which are traps for those who are not lawyers. You will be held to the same standards as a lawyer.

And don't rely on the appeal court for justice. The court is there to act as an umpire of sorts, not as a lawyer for you. They are not obligated to point things ouit which would benefit your case. An appeals court is even more removed - their only mission is to determine whethe the trial judge erred in some way and, if so, whether the error was bad enough so as to require a new trial. And appeals courts don't like to send a case back for a new trial unless absolutely necessary. I worked at the PA Superior Court (the appeals court) for over 10 years and at the trial court for several years, so I know how the courts and judges function.

So before you appeal, what is your case about? How likely is it that you would prevail?

You indicate that a default judgment was entered. Why? If that is the case, what grounds are you going to assert on appeal? You cannot assert that you don't owe the debt (if this is a case about that). Rather, you would have to indicate that the default judgment was improper for some reason. Instead of appealing, have you filed a motion to open/vacate the default judgment?

You can do that. Its a whole less costly and your chances of success are greater if you can show that you acted promply in filing your motion to open/vacate, that you have a good defense to the allegations in the complaint (like maybe the statute of limitations or some other contract defense) and that your failure to answer the lawsuit was a good excuse (like you were served at the wrong address or you were deployed in Iraq). Just knowing about the suit and not bothering to do anything is not going to be a good excuse.

Is this for a credit card debt? Or a breach of contract?

I agree with Ms. Hunter's analysis, but would add that you may want to consider a bankruptcy. I have no idea what your circumstances are, but it is cheaper to file a bankruptcy. If you are eligible, the debt may be eliminated.

Feel free to call or e-mail me on a free initial basis.