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ric62245 · Mar 9, 2011, 12:36 PM

Complaint revived from 2009 by Gordon and Weinberg. Filed response with answers and new matters with Prothonotary, sent certifed mail and was received by them the next day. Well within 20 day period.

On March 2, 2011 receive a Notice to seek Default Judgement since I didn't respond.
What should I file or do at this point?

Ilive in Pennsylvania

AK lawyer · Mar 10, 2011, 06:33 AM

Originally Posted by ric62245

What should I file or do at this point?

You personally filed your response in the courthouse? You have a file-stamped copy of this filed response? Nothing you need to do really.

You might send the clerk of court a letter, with copy to plaintiff, reciting that you had filed the required response. Attach your file-stamped copy. And ask when the case will be set for trial.

ric62245 · Mar 10, 2011, 07:31 AM

Yes I filed it personally, have the time stamped copy, and certification of mailing was sent to Gordon & Weinberg, the same day filed received Return Receipt back in two days well within period. It is as if they ever even looked at what was sent to them.

Should I file an oppostion to the default judgement or just make a statement along with the time stamped document, Return Receipt copy attached. Should I include that I want the case set for trial.

Thank You.

AK lawyer · Mar 10, 2011, 07:55 AM

I must have misunderstood when you said that you received a "Notice to seek Default Judgement". Plaintiff's counsel (Gordon & Weinberg) sent you this notice? Yes, formally oppose it, pointing out that apparently they don't read their mail. When I suggested you ask for a trial date, it was with the idea of having something constructive in the letter, and appearing that you were overlooking the clerk's oversight. But if counsel has formally moved to default, I wouldn't at this time.