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Pennsylvania Notice of Appeal from Magistrate District Judge Judgment

State:
Pennsylvania
Control #:
PA-SKU-2270
Format:
PDF
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Description

Notice of Appeal from Magistrate District Judge Judgment

A Pennsylvania Notice of Appeal from Magistrate District Judge Judgment is a legal document filed by an appellant who wishes to challenge the decision of a Magistrate District Judge in Pennsylvania. The Notice of Appeal must be filed within 30 days of the judgment being issued and must include a concise statement of the issues being appealed and the specific relief sought. The Notice of Appeal must also include a copy of the judgment being appealed. There are two types of Pennsylvania Notice of Appeal from Magistrate District Judge Judgment. These are: 1. Post-Trial Notice of Appeal: This type of Notice of Appeal is filed after the Magistrate District Judge has issued a judgment, either in favor of or against the appellant. 2. Interlocutory Notice of Appeal: This type of Notice of Appeal is filed when the Magistrate District Judge has issued an order that is not final. This order may be one that sets a future date for a hearing or trial.

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FAQ

What happens if a defendant does not pay a judgement? A creditor can enforce the judgement and use state laws to seize assets in the hands of the debtor or third parties to collect the amount owed.

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.

To appeal the ruling of a district justice, you must file an Notice of Appeal form prescribed by the Pennsylvania court administrator, along with the Notice of Judgment issued by the district justice for each person or company. The appeal must be filed within 30 days after date of judgment.

You have four main options to deal with a default judgment: Accept the judgment. Settle the judgment for less. Challenge the judgment. Pursue debt relief.

If you do not think the default judgment was appropriately entered against you, you must file a motion with the court asking the judge to ?set aside? (void or nullify) the judgment. If the judge grants your motion, the case starts back up again.

Related Content. A court document filed by the appellant, which places the court and the other parties on notice of the appellant's intent to take an appeal from an order or judgment. The appellant typically files a notice of appeal with the trial court, not the appellate court.

You must file your appeal within 30 days of the date the Magisterial District Judge made the decision, which is also called a ?judgment.? The District Judge usually makes the decision on the same day as the hearing, but is allowed to wait up to five days after the hearing.

Receiving a Default Judgment means you lose, and the creditor or Plaintiff wins by default because you didn't show up or respond. Before you give up hope, you can still appeal the Default Judgement by filing a Motion to Set Aside Judgment and an Order.

More info

Once 20 days pass, if the Plaintiff has not filed a Complaint, fill out the form in Appendix D-1 ("Notice of Praecipe to Enter. How to file an appeal.An appeal from magistrate court is a de novo procedure. You can't appeal the magistrate's decision against you. Access forms specific to the Prothonotary of Luzerne County. Notice of the appeal must be filed in the general district court where the case was heard within ten days after the judgment is entered. A party in a State Courts civil case. Magisterial District Court Forms. The form must be completed and filed with the Court of Common Pleas of the County in which the Magisterial District Court Judgment is entered. Bring a copy of the judgment with you to the Prothonotary.

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Pennsylvania Notice of Appeal from Magistrate District Judge Judgment