[badd302]

Greetings,

I have a couple questions regarding default judgments in Pennsylvania.

First, after reading the laws that govern District Judges, an individual may file for a judgment, receive a judgment and then enforce a judgment through a Writ of Execution. (That is very simplified as I do know they have to go to court and win the judgment.) All through the District Justice, eliminating the praecipe for default judgment and giving the debt holder another chance to challenge the validity of this debt before his property was taken, which would be the procedure at the Prothonotary for Common Pleas Court.

Anyone have any idea why it is so drastically different in the District Magistrates office versus the Prothonotary? Just an opinion here guys.

Would there be any way to challenge this, as I feel having to file the praecipe for default judgment giving the debtor another opportunity to challenge this as he may have completely forgot about the court appearance at the DJ's office and has a valid defense against this filing, is a good thing. And by eliminating this whole step, creates many problems for the debtor. We never received an order stating they actually obtained this default judgment until they came to take our vehicle. Now we got a mess, with little options.

Any suggestions?

[excon]

Hello badd:

I'm just an exconvict trying to help out. I DON'T understand much of the legal jargon you're using.

But, NOT understanding has NEVER stopped me before...

In my view, the only way this will get overturned, is if the defendant can prove that service was defective.

Forgetting to go to court, ISN'T grounds for negating the judgment. And, once a judgment is rendered, they don't have to inform you.

excon

[ScottGem]

While some of us are lawyers, some of us aren't and using latin legal terms is not going to help us help you.

Why PA's Magistrates court is different from Court of Common Pleas is probably historic, rising from colonial times. The Chief Clerk of the Court of Common Pleas (referred to as the Prothonotary) is primarily a record keeper so I'm don't really know what that has to do with your question.

A default judgement occurs when the defendant doesn't appear at the hearing or doesn't respond to the initial summons. Therefore the main way to vacate a default judgement is to show that you were never served. It might also be possible to vacate if one can prove they were prevented from appearing due to special circumstances (like a hospitalization).

I'm also not clear on your question. The process is, file suit, issue and serve summons on defendant, wait for response. If there is no response by the due date you file a request for the court to take action (called a praecipe), the action being a default judgement. If the defendant responds and a hearing is scheduled but the defedant doesn't show you ask the judge for a default judgement.

So what's the issue?

[badd302]

Thanks to both Excon and Computer expert for responding. My husband got the paperwork for the hearing but forgot about it, otherwise we would not have missed it.

I do understand the default judgment concept, but thanks for explaining it as someone out there might not know that.

However, since I have posted this, I got the laws regulating these arrear property tax collection procedures. You see, there is a bigger picture here as these attorneys act on behalf of the local borough and people assume they are always correct with the manner in which they conduct business legally with regards to their property. NEVER ASSUME THEY ARE RIGHT as I picked out major errors in the original filing, i.e. exempt land and statute of limitations that was included that should not have. Now, I have found other "fatal flaws" in this procedure like they are supposed to file at the Common Pleas Court and not the local District Magistrate, which is important as the Common Pleas courts have laws in place especially to deal with default judgments, like notifying that they intend to collect on this judgment so an individual will have, in essence, another chance to straighten it out prior to a constable showing up to sell your property or your house being liened, whereas the District Justice has none of these options available. A whole different procedure. Had they filed in Common Pleas like the law said, I would have an opportunity to show the court these errors. But since they did not follow the proper procedure, I now have a basis to strike the default judgement as they filed in the wrong court!

With this mortgage crisis upon America, it is horrible that the existing landowners have to worry about these overzealous tax collection attorneys driving the arrears up to almost triple, BASED UPON FILINGS NOT WITHIN THE LAW! Charging $50.00 for a form letter, give me a break!

So, thanks to both of you for responding. Hopefully, we are going to fight this and maybe, just maybe, they will think before they file garbage documents on the next guy. Doubt it, but a person can have hope.

[excon]

But since they did not follow the proper procedure, I now have a basis to strike the default judgement as they filed in the wrong court!

Hello again, badd:

That's a great legal argument. I hope it works. Don't let my opinion stop you.

However, it would be my view, that the proper venue for making that argument was the court that it WAS filed in. What I'm saying is, you're going to have a VERY hard time getting around forgetting to go to court.

excon

[ScottGem]

I have to disagree with excon here. Since they filed in the wrong court, that court had no jurisidiction, therefore any judgement they handed down would be invalid. So I think you managed to find the only argument that would trump failure to appear.

Good job!

[excon]

Hello again:

That's why, in any lawsuit, there are two lawyers on each side of the table who equally believe in the strength of their arguments.

It's still my view, that the correct court to argue the courts lack of jurisdiction, would be the court the case was filed in.

But, of course, I'm making it up as I go along. Please let us know how it turns out.

excon

[ScottGem]

That part I'm not sure. I tend to agree that the motion to vacate needs to be filed with the magistrate. The problem there is the magistrate may not want to admit their error, in which case it would need to go to a higher court for appeal.