Legal Question in Credit and Debt Law in Pennsylvania
I've been sued for a credit card. After a writ of execution was issued the is an an entry on the docket for "Praecipe for Rule to File Complaint". What does that mean?
2 Answers from Attorneys
The only way to answer the question would be to look at the docket. A Writ of Execution is filed after a judgment and a Rule to File Complaint is filed after a district justice appeal or a writ of summons. If the first document was a writ of summons, it makes more sense. Still, I would need to look at the docket to determine the exact procedural posture and properly advise you.
If you are in the Delaware Valley, feel free to call or e-mail me on a free initial basis.
Very truly yours,
Matthew R. Nahrgang, Esquire
35 Evansburg Road
Collegeville, PA 19426
(610) 489-3041 ph
(610) 489-3042 fax
www.mnahrgang.com
Your post makes no sense. A praecipe for rule to file complaint is a directive that a defendant issues to the plaintiff in a lawsuit. This is typically done either where a lawsuit is commenced by filing a writ of summons or a defendant was sued in small claims, loses and then appeals the magistrate's judgment, as noted by Attorney Nahrgang. Either way, this all precedes the issuance of a writ of execution. If a writ of execution was issued, it means that the lawsuit is over and that a judgment was entered.
Since it is unclear what is going on here, I suggest you make a complete copy of the court file and that you take it to an attorney and pay him/her to review and see what you really have.