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Pennsylvania Praecipe to Reissue Or Reinstate

Category:
Local County - Lackawanna - Court of Common Pleas - Clerk of Judicial Records
State:
Pennsylvania
Control #:
PA-SKU-1756
Format:
PDF
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Description

Praecipe to Reissue Or Reinstate

Pennsylvania Precise to Reissue or Reinstate is a legal document used to reinstate or reissue a civil action in the Commonwealth of Pennsylvania. The Precise is submitted to the Prothonotary of the court in order to reissue the writ of summons or complaint. There are two types of Pennsylvania Precise to Reissue or Reinstate: (1) Precise to Reissue a Writ of Summons; and (2) Precise to Reinstate a Complaint. The Precise to Reissue a Writ of Summons is used to reissue a writ of summons that has been quashed or dismissed. This Precise must be accompanied by a Motion to Reissue, which explains why the writ of summons needs to be reissued. The Precise to Reinstate a Complaint is used to reinstate a complaint that has been dismissed due to an error or defect in the filing process. This Precise must be accompanied by an Affidavit of Merit, which outlines the reasons why the complaint should be reinstated.

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FAQ

Rule 1037. Judgment Upon Default or Admission. Assessment of Damages. (a) If an action is not commenced by a complaint, the prothonotary, upon praecipe praecipe of the defendant, shall enter a rule upon the plaintiff to file a complaint.

The praecipe simply asks the prothonotary to issue a writ of summons against the defendant. Plaintiffs typically file a praecipe for writ of summons: To commence a lawsuit quickly when the statute of limitations is about to expire on the plaintiff's claims.

Rule 587 - Motion for Dismissal (a)Untimely Filing of Information. (1) Upon motion and a showing that an information has not been filed within a reasonable time, the court may order dismissal of the prosecution, or in lieu thereof, make such other order as shall be appropriate in the interests of justice.

You send this notice 10 days in advance when you intend to take judgment by default upon an opposing party due to that party's failure to file an answer or preliminary objections to the complaint within the required time frame.

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 JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS.

Code § 237.5 - Form of Notice of Praecipe to Enter Judgment by Default. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU.

(b) The prothonotary, on praecipe of the plaintiff, shall enter judgment against the defendant for failure to file within the required time a pleading to a complaint which contains a notice to defend or, except as provided by subdivision (d), for any relief admitted to be due by the defendant's pleadings.

Code § 1021.76a - Entry of default judgment. (a) The Board, on motion of the plaintiff, may enter default judgment against the defendant for failure to file within the required time an answer to a complaint that contains a notice to defend.

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More info

Form 4 – Praecipe to Reinstate the Complaint. Instant access to fillable Microsoft Word or PDF forms.Minimize the risk of using outdated forms and eliminate rejected fillings. Praecipe For Re-Issue Or Re-Instate. To Butler County Prothonotary: Re-Issue Writ (. Praecipe to reinstate the complaint. 1 Plaintiffs will have thirty (30) days from the date of reinstatement to serve Defendants with original process. The. Petition to Open or Strike Judgment. 296.75. To print a form, use the browser's print feature. How to Fill Out Revisable PDF Forms bullet Format of Forms.

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