Legal Question in Credit and Debt Law in Pennsylvania

appealing a default judgement

I went to small claims court for a debt that was owed me. the people live out of state and I told the magistrate to give them all the time they needed to make the trip. the date was set and an attorney requested a continuance and it was granted. no one showed up at the continued hearing. how can it be appealed?


Asked on 4/10/05, 10:16 am

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: appealing a default judgement

Unless you specifically asked the district justice for a judgement by default he will typically enter a regular judgement. A regular judgement has the benefit of a thirty day period to appeal. Whereas, a default judgement can be attacked by a petition to open/strike at anytime. Therefore, if the district justice entered a default judgement the defendant would need to file a petition to open at that level. An appeal from a regular judgement must be filed in common pleas court. I offer free consultations.

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Answered on 4/10/05, 10:44 am


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