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  1. #1
    Join Date
    Jun 2011
    Posts
    1

    Default Creidt Card Company is Appealing a Default Due to Non-Appearance

    My question involves collection proceedings in the State of: Pennsylvania

    I recently found out that I am being sued by a credit company for non-payment of a loan. I was a co-signer for my ex, whom I thought was paying the bill. Anyway, I hired an attorney and was prepared to fight this lawsuit. On the court date, the lawyer for the credit company did not show up and the magistrate dismissed the lawsuit.

    I just received a notice that they intend to appeal the decision. I read that an appeal is not supposed to be about retrying the case, but rather about legal mistakes. Do they have any chance of winning since they didn't bother to show up the first time?!

    Thanks for any help!

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Sued by Credit Comp, They Didn't Show Up and Case Dismissed. Now They Are Appeali

    It may be the plaintiff had just cause for the no show and as such, is appealing the dismissal. If that is the reason, they are not retrying the case but are attempting to correct a legal mistake.

    Beyond that, unless this was dismissed with prejudice, they could likely simply refile the suit anyway.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Sued by Credit Comp, They Didn't Show Up and Case Dismissed. Now They Are Appeali

    Appeals from magistrate courts to common pleas may be heard "de novo" (as if the earlier trial never happened).

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