Legal Question in Civil Litigation in Pennsylvania
appeal
I was awarded a small claim judgement $8,129.31 in PA. The defendant has now filed an appeal. The case itself is clear cut, lease signed by both, defendant did not honor lease agreement at all. Then stole money that did not belong to them. Now Court of Common Pleas Media PA, if an attorney is necessary can the defendent who applead the case be responsible for my attorney fees if any, when once again I am awarded the judgement?
2 Answers from Attorneys
Re: appeal
I see that you posted this message several times and it's not my area of practice, so I didn't answer.
But here's the thing. Once an appeal is taken, the case starts from scratch and so the fact that you won below doesn't really matter.
You really should have a lawyer. The common pleas court rules apply and you'll probably need to prepare a formal complaint, etc.
Also, the strength of your case doesn't lessen the need for a lawyer. In fact, it makes it more important to protect your rights, so you don't lose a good claim because of a procedure mistake.
As far as recovering fees, it depends on what the lease says.
Re: appeal
Not unless there is a clause in the lease that says you are entitled to attorneys fees.
Also as far as the case in Common Pleas is concerned what happened at the DJ never happened. Its a whole new trial.
If you have any questions feel free to contact me. The initial consultation is free.
{John}