Legal Question in Real Estate Law in Pennsylvania

Small claims suit-sued twice for same thing?

I was sued in small claims court. Plaintiff did not show. Judgement entered in my favor. Plaintiff is suing a second time for same thing. (there were two points in original suit, and this time only one, but it is the same as one in the original) Is this legal?


Asked on 2/26/03, 12:27 pm

1 Answer from Attorneys
Gerald Hershenson Law Office of Gerald M. Hershenson

Re: Small claims suit-sued twice for same thing?

It is difficult to answer the question without more facts. Generally speaking once a judgment was entered in your favor, you have a defense that can be raised in the second action. That is the first case has decided the issue against the other party and the parties are bound by that fact. The legal term that needs to be raised as a defense is called "res judicata". I suggest you consult with an attorney to review the facts to see if this legal principal can be applied. It is waived unless raised at the hearing. If you have any questions, please contact me. Gerald Hershenson Esq. 215-579-9390

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Answered on 2/26/03, 1:30 pm


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