Pennsylvania Praecipe to Assess Damages

State:
Pennsylvania
Control #:
PA-SKU-2249
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Praecipe to Assess Damages

A Pennsylvania Precise to Assess Damages is a legal document used to initiate a civil lawsuit in the state of Pennsylvania. It is a formal request to the court to assess damages for a plaintiff in a civil action. It is also known as a precise for damages. The precise serves as a formal notice to the defendant of the lawsuit. The precise includes the name of the plaintiff, the defendant, the court, the type of damages sought, and the amount of damages sought. It also includes the name of the attorney representing the plaintiff. There are two main types of Pennsylvania Precise to Assess Damages: 1. Precise for Damages in Trespass: This type of Precise is used when damages are sought for an injury caused by a trespass, or an unlawful act. 2. Precise for Damages in Enactment: This type of Precise is used when damages are sought for a wrongful eviction, or the enactment of a tenant from a property.

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FAQ

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.

If a claimant has filed a claim and does not file a complaint, the prothonotary, upon praecipe of an owner, shall enter a rule as of course upon the claimant to file a complaint within twenty days after service of the rule, or be forever barred from so doing.

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.

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.

Rule 237 provides that the prothonotary shall not accept any praecipe of judgment on a verdict or for judgment on a decision in a trial without a jury ''unless it includes a certificate that a copy of the praecipe has been mailed to each other party who has appeared in the action or to the attorney of record for each

Relief from Judgment of Non Pros or by Default. shall be raised in a single petition. (b)(1) If the petition is filed within ten days after the entry of a judgment of non pros on the docket, the court shall open the judgment if the proposed complaint states a meritorious cause of action.

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.

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.

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Pennsylvania Praecipe to Assess Damages