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    MollyGodiva's Avatar
    MollyGodiva Posts: 1, Reputation: 1
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    #1

    May 28, 2015, 03:03 PM
    What are the grounds for appeal a default judgment in magistrate court?
    I filed a suit in magistrate (small claims) against a former landlord who did not return my security deposit. She called me to acknowledge the suit, but did not file a respond and I received a default judgement. She appealed.

    I am wondering what happens next. Does she automatically get a second chance to defend my original suit or does she first have to show why the default judgment should be set aside? What are the grounds for setting aside a default judgment? This is under Pennsylvania law.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    May 28, 2015, 03:35 PM
    I don't know what specifically the Pennsylvania law is on this; but generally in most areas the issue is going to be decided according to an "excusable neglect" test: i.e.: whether the reason the landlord didn't respond to the suit is a reasonable excuse. Did the landlord indicate why she didn't respond?

    And yes, the default will probably not be ignored; she will have to show why it should be disregarded.
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