- Jurisdiction
- Pennsylvania
I am suing someone I sold a computer to on eBay for $1525. He did a chargeback on his credit card 60+ days after transaction claiming it was Significantly Not as Described because he claims the bluetooth functionality wasn't working and got all his money back but did not return the computer. I was living in Miami, FL at the time but have since moved to NYC. Buyer/defendant is from Allentown, PA (in Lehigh County). We already had a first trial at Magisterial District Court in Allentown back in July and I won (plus court fees so around $1650). The defendant appealed. I wrote the new complaint and filed with Lehigh County Court of Common Pleas and sent order of service to Sheriff's office. The court clerk told me I had to write an affidavit of service when I submitted the complaint or they couldn't do anything with it, so I wrote one saying I mailed the order of service that same day. The Sheriff's office made 3+ attempts to serve the defendant but no luck. It has been past the 30 days and they have no serviced it, but have yet to mail it back to me (I found this out by calling them). Meanwhile we got a court date set for 11/21, which I assume I will have to request is extended. I am trying to figure out what to do next but hiring a lawyer is not worth it. I guess I have to do the prerequisites mentioned here but they are not straight forward at all in the year 2019: PA Bulletin, Doc. No. 04-2062. Will I need a
subpoena from the court to get this information?
I know the address is correct as the defendant owns the property still (I looked online) and he also had to put his address when he filed the appeal. This may seem like a lot of effort but I have learned a lot along the way and have a lot of free time on my hands, so I will definitely see the case through no matter what.
Please help me!!!! I would really appreciate it. As far as I know now, I will have to somehow get these pre-reqs done which I may need a file a motion for a subpoena for, then request special service if I can't find any other address to server him at, and also ask to postpone the court date since the defendant has not been served yet. Do I have to do something specific to re-instate the complaint? And I really don't understand how I'm supposed to get the information listed in the prereqs.
subpoena from the court to get this information?
I know the address is correct as the defendant owns the property still (I looked online) and he also had to put his address when he filed the appeal. This may seem like a lot of effort but I have learned a lot along the way and have a lot of free time on my hands, so I will definitely see the case through no matter what.
Please help me!!!! I would really appreciate it. As far as I know now, I will have to somehow get these pre-reqs done which I may need a file a motion for a subpoena for, then request special service if I can't find any other address to server him at, and also ask to postpone the court date since the defendant has not been served yet. Do I have to do something specific to re-instate the complaint? And I really don't understand how I'm supposed to get the information listed in the prereqs.
