Ask Me Help Desk - Notice of Praecipe to Enter Judgement of Non Pros

Notice of Praecipe to Enter Judgement of Non Pros

I am the Plaintiff in a Civil Action against a business. An Arbitration Hearing is scheduled for 5OCT12. I received a "Notice of Praecipe to Enter Judgement of Non Pros" from the Defendant's lawyer dated 25SEP12. It states:

"You are in default because you have failed to file a complaint in this case. Unless you act within Ten (10) days from the date of this notice, a judgement may be entered against you without a hearing and you may lose your right to sue the defendants and thereby lose property and other important rights.

You should take this paper to your Lawyer at once..."

This is the first and only information received from the defendants attorney. What if anything am I required to do within ten (10) days? Again, I am the Plaintiff in the suit in which the Defendant had not filed a counter claim.

I presently do not have an attorney and had filed the Civil Suit myself. Do I now need an attorney? What does this notice mean?

Thanks

In what state or country is the court where this case is pending?

It doesn't make sense to me either. I would check the court file to see if something may have been filed of which you are unaware.

This is probably way too simple but did you file your papers with the Court, Summons, Complaint, Affidavit of Service?

Quote:

Originally Posted by JudyKayTee

This is probably way too simple but did you file your papers with the Court, Summons, Complaint, Affidavit of Service?

Yes, all the above were done. Thanks

So you go to the court make a copy of the complaint and send it to defendant's order saying here is the complaint that has been duly filed. What are you talking about?

But if you are going up against a lawyer pro se, you will probably lose. Clearly this lawyer knows ways to bury you with motions to get the case dismissed.

Quote:

Originally Posted by ScottGem

So you go to the court make a copy of the complaint and send it to defendant's order saying here is the complaint that has been duly filed. What are you talking about?

But if you are going up against a lawyer pro se, you will probably lose. Clearly this lawyer knows ways to bury you with motions to get the case dismissed.

I agree with Scott - you are being buried with paperwork, appropriate or not.

If/when you take the papers to the Court Clerk, get them stamped. I would "guess" that the papers as originally filed were stamped?

Even though I had originally filed a complaint with the District Court, apparently I still needed to file a new complaint with the Court of Common Pleas for the appeal.

I filed the new complaint and now the Defense lawyer has requested a continuance. I guess what I filed worked. (I'm a novice obviously).

Even if I don't win, I have the satisfaction of knowing that the Defendant will have more billable hours to pay.

Thanks All

Quote:

Originally Posted by paschalleddie1

Even if I don't win, I have the satisfaction of knowing that the Defendant will have more billable hours to pay.

That could backfire. If your suit appears without merit, the defendant may be awarded court costs.

Quote:

Originally Posted by ScottGem

That could backfire. If your suit appears without merit, the defendant may be awarded court costs.

I won the case at the District Court level. If you've ever been to a District Court, you will know it is like a zoo, similar to traffic court. My case requires someone who is going to read the material. The arbitration process occurs in a room with just the plaintiff, defendant and arbitrators. I will have the arbitrators attention, unlike the District Court Judge who spends about 5 minutes per case and never read the information.

I was just being facetious, I expect to win and it is far from a frivolous case! $6,800 is involved!

Ok, but is the defendant still represented by the same attorney? Or is this a new attorney that is trying to bury you in paperwork.

The defendant, a business owner, initially did not have an attorney and after losing in District Court he now takes my compliant seriously.The lawyer is new.

I got the answer to the question in another forum and it turns out that I had to file a new complaint in the Court of Common Pleas.

Question is now resolved, following is the answer:

Pennsylvania Code, Minor Court Civil Rules, Rule 1004. Filing Complaint or Praecipe on Appeal. Appeals Involving Cross-Complaints.
A. If the appellant was the claimant in the action before the magisterial district judge, he shall file a complaint within twenty (20) days after filing his notice of appeal.

B. If the appellant was the defendant in the action before the magisterial district judge, he shall file with his notice of appeal a praecipe requesting the prothonotary to enter a rule as of course upon the appellee to file a complaint within twenty (20) days after service of the rule or suffer entry of a judgment of non pros.

C. When judgments have been rendered on complaints of both the appellant and the appellee and the appellant appeals from the judgment on his complaint or on both complaints, the appellee may assert his claim in the court of common pleas by pleading it as a counterclaim if it can properly be so pleaded in that court. If the appellant appeals only from the judgment on his complaint, the appellee may appeal from the judgment on his complaint at any time within thirty (30) days after the date on which the appellant served a copy of his notice of appeal upon the appellee.

Quote:

Originally Posted by paschalleddie1

The defendant, a business owner, initially did not have an attorney and after losing in District Court he now takes my compliant seriously.The lawyer is new.

I got the answer to the question in another forum and it turns out that I had to file a new complaint in the Court of Common Pleas.

Question is now resolved, following is the answer:
...

Thanks for the update.

Subsection B. is the operable part:

Quote:

Originally Posted by paschalleddie1

...
B. If the appellant was the defendant in the action before the magisterial district judge, he shall file with his notice of appeal a praecipe requesting the prothonotary to enter a rule as of course upon the appellee to file a complaint within twenty (20) days after service of the rule or suffer entry of a judgment of non pros.
...

From what you said earlier, the appellant has filed the described praecipe. But has the prothonotary entered the rule, and has the rule been served on you? I think that's where the confusion lay. Until you actually have been served with the rule (an order in other words), you are not in danger of having a judgment entered against you.

In other words, the "Notice of Praecipe to Enter Judgement of Non Pros" is poorly drafted and incorrect. Unless you were actually served with the "rule", you aren't yet in default. But the 10 days versus the 20 days makes me to suspect that you were (supposedly) served with the rule and this is an extra notice you are being given.