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File an appeal complaint in PA

Discussion in 'Civil Court, Procedure & Litigation' started by Stu60, Dec 26, 2019.

  1. Stu60

    Stu60 Law Topic Starter New Member

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    Jurisdiction:
    Pennsylvania
    My small claims court decision has been appealed by the defendant. I need to file a Complaint. How do I go about this so as to legally satisfy the court? Are there any sample forms or guidelines available? Should I hire a lawyer? This is in Pike County Pennsylvania. Thanks!
     
  2. Zigner

    Zigner Well-Known Member

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    File a complaint about whom or what?
     
  3. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    Clearly, yes. That is assuming you want to win the appeal and there is enough on the line to make it worthwhile.
     
  4. flyingron

    flyingron Active Member

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    The poster is using proper terminology. When there is an appeal of a justice court (small claims) case in Pennsylvania, the original plaintiff needs to restate the claim in a "Complaint" within 20 days.
    If you don't do this, the entire case is dismissed.

    Now that you're in common pleas, I would indeed recommend an attorney. While the complaint is pretty much similar to what you used in justice court, it would behoove you to assure it is valid and properly formatted at this point. The good news is that if the appeal is frivolous, you can ask for legal fees.
     
    Zigner likes this.
  5. adjusterjack

    adjusterjack Super Moderator

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    Agree with Flyingron. You're apparently in over your head now.
     

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