Legal Question in Credit and Debt Law in Pennsylvania

If I am sued in court and they dont turn up, giving me a default judgement, then they dont appeal within the 30 day rule, can I sue them for wasting my time ?


Asked on 3/30/11, 6:40 am

1 Answer from Attorneys

No. You would have had to show up anyway if you did the suing. And if they sued, it is unlikely that they will not turn up.

Your remedy is not a default judgment unless you filed a counter-claim to which they did not reply. Your remedy if you are the defendant is to ask for dismissal of the suit.

That all said, I know there were rules about not showing up for arbitration - I would say read the rules as they change and the counties have local rules so you need to check those as well. However, you would be best served by hiring local counsel.

Assuming that this is a totally frivolous action, you may have a claim against the party who sued for malicious abuse of process. Your attorney fees will be recoverable as part of your damages along with any other costs..

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Answered on 3/30/11, 9:13 am


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