Legal Question in Civil Litigation in Pennsylvania
I received a judgment in my favor by default because the person I filed a civil case against in district court failed to appear. I have now received a Notice of Appeal From Magisterial District Judge Judgment. I called the Court of Common Pleas and they said to fill out a Praecipe for Entry Of Judgment, but will not explain anything at all. I could use some insight on this.
Scott Glazar Monroe county Pennsylvania
1 Answer from Attorneys
When a party loses in Magisterial District Court, they have an automatic right to appeal by filing a "Notice of Appeal" with the Prothonotary in the Court of Common Pleas within 30 days of the entry of judgment in Magisterial District Court. Once 30 days have elapsed, the right to Appeal expires.
If this is within 30 days of the entry of judgment in Magisterial District Court, the defendant is exercising his right to appeal. As the Plaintiff, you must file a Complaint with the Court of Common Pleas in response to the Defendant's Notice of Appeal. The Defendant will then have 20 days to file an Answer to your Complaint. If they do not file an Answer within that time, you must file a "Notice of Intent to File Default Judgment" and the Defendant would have an additional 10 days to file his Answer. If he does not file an Answer to your Complaint within 10 days, then you would file an "Entry of Default Judgment" with the Prothonotary of the Court of Common Pleas.
Kindest regards,
ANDREA G. TILLIS
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