Legal Question in Civil Litigation in Pennsylvania
filing a complaint to an appeal
My husband and I filed a civil suit against an individual because she owed us $1000 on a car that we purchased for her. We won the civil case and now she appealed it. I called the prothonotary's office and they said I have to file a complaint and that I need to get a lawyer. If I got a lawyer I would probably pay more for him the value that is owed. Is this something that I can fill out myself, is there a form that I can download??
3 Answers from Attorneys
Re: filing a complaint to an appeal
There are no forms for a complaint in common pleas court. The are a number of rules as to how you file a complaint. Among other things it describes the size of the paper and fonts used. How you serve the opposing party. What besides the complaint should be included such as the notice to defend, a rule and a proposed order.
Further you then need to serve the opposing party. Which is spelled out in the Civil Procedure rules. Do it wrong and you might never get to court.
Now given that it was a consumer transaction the Unfair Trade Practices Act may apply. In your case that is really good news. It allows for you to ask the court to award treble (triple) damages. Further, you can ask the court to award attorney's fees. There's no guarantee you get them. However, once the opposing party sees that the stakes are much higher the might be willing to settle.
If you have any questions feel free to contact me. The initial consultation is free.
{John}
Re: filing a complaint to an appeal
If she filed an appeal from a Magistrate to the Court of Common Please it depends upon your county. The appeal would be to Arbitration and some counties have forms available which you can complete. You should make some phone calls to attorneys in your area and ask about the fee for a consultation only. You might be able to get good information about the forms and the preparation of your case for a small fee.
Re: filing a complaint to an appeal
If she filed an appeal from a Magistrate to the Court of Common Please it depends upon your county. The appeal would be to Arbitration and some counties have forms available which you can complete. You should make some phone calls to attorneys in your area and ask about the fee for a consultation only. You might be able to get good information about the forms and the preparation of your case for a small fee.