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  1. #1

    Default Defense is Seeking a Default Over Failure to File a Complaint

    My question involves small claims court in the state of: PA


    I am the Plaintiff in a Civil Action against a business. An Arbitration Hearing is scheduled for 5OCT12. I received a "Notice of Praecipe to Enter Judgement of Non Pros" from the Defendant's lawyer dated 25SEP12. It states:

    "You are in default because you have failed to file a complaint in this case. Unless you act within Ten (10) days from the date of this notice, a judgement may be entered against you without a hearing and you may lose your right to sue the defendants and thereby lose property and other important rights.

    You should take this paper to your Lawyer at once..."

    This is the first and only information received from the defendants attorney. What if anything am I required to do within ten (10) days? Again, I am the Plaintiff in the suit in which the Defendant had not filed a counter claim.

    I presently do not have an attorney and had filed the Civil Suit myself. Do I now need an attorney? What does this notice mean?

    Thanks

  2. #2
    Join Date
    May 2008
    Location
    Louisville, KY
    Posts
    1,877

    Default Re: Defense is Seeking a Default Over Failure to File a Complaint

    You may want to take the complaint you filed to an attorney and have him/her look it over for accuracy. It shouldn't cost much for this type of consult.

  3. #3

    Default Re: Defense is Seeking a Default Over Failure to File a Complaint

    I originally filed the complaint in Municipal Court. The defendant was found guilty. I appealed the verdict because I was only awarded $1. The case was scheduled to be heard before a board of arbitrators. The Court of Common Pleas at no time indicated a problem with the complaint. I am the Plaintiff in the case and therefore it makes no sense that I am "in default" as determined by the Defense lawyer.

    Thanks

  4. #4
    Join Date
    May 2008
    Location
    Louisville, KY
    Posts
    1,877

    Default Re: Defense is Seeking a Default Over Failure to File a Complaint

    Oh. Kay.

    I'd just hate to see you lose over something silly. I wish you well.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
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    98,846

    Default Re: Defense is Seeking a Default Over Failure to File a Complaint

    This is in what local jurisdiction? (e.g., an appeal from the Philadelphia municipal court).

  6. #6

    Default Re: Defense is Seeking a Default Over Failure to File a Complaint

    Delaware County. The appeal is from a Magisterial District Court ruling and the Arbitration will be in the Court of Common Pleas.

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