Landlord-Tenant

Discussion in 'Use of the Law Forum & News' started by Candy, Sep 22, 2015.

  1. Candy

    Candy Law Topic Starter Guest

    I am a landlord that took a tenant to court at the District justice level and won the judgement. The tenant has 30 days to appeal the judgement which she did. Now I have to file a complaint on her appeal. I need to know what I need to do file the complaint in Dauphin County, PA. I am under a time limit to get this to the Prothoronty Office at the court house. Do I need lawyer to represent me at a hearing after this process? Do I need a lawyer to draw up this complaint or can someone tell me how to do that?
     
  2. army judge

    army judge Super Moderator

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    Aside from the fact, that I am a lawyer, I rarely represent myself in legal matters, especially complex ones.

    Yes, an appeal is a bog deal, especially if you wish to preserve your current win.

    I suggets you discuss the matter with a couple local attorneys, and see what advice you can glean.

    There are also paralegals (in some states) who won't offer legal advice, but will provide instruction in the process, and how to file your appeal.

    Appeals are very tedious and complex. I know many practicing attorneys who have never appealed a case. Appellate attorneys specialize in appeals because appeals are that difficult.

    You might want to consider retaining an attorney, because in many cases, your defendant (who becomes the appellant and you are the appellee) can be ordered to pay your attorney's fees. Ask those local attorneys if that applies in your state.

    The clock is ticking, as you have only 20 days to file your complaint, or your case will be dismissed, and your win will be for naught.

    You might find this very instructive:

    How to Appeal From District Justice Court | PA LawHELP.org - Your Online Guide to Legal Information and Legal Services in Pennsylvania

    Pennsylvania Code

    246 Pa. Code Rule 1005. Service of Notice of Appeal and Other Papers.

    http://www.palawhelp.org/files/A50D...01HowToAppealFromMagisterialCourtHandbook.pdf