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Question

Pennsylvania Civil case - I missed the court hearing for an appeal I filed. At Preliminary Hearing the other side attorney agreed to settle to avoid a hearing and wrote a brief note of the paperwork he would file to dimiss my appeal and his countersuit. He asked me to send a confirmation letter that I agreed to settle for the arbitration award amount. I sent the letter and a letter to the Judge to remove the case from the court list that the case had settled and other side would file paperwork. The attorney sent a letter he did not agree to the term that I wanted to pay in three installments. I sent another letter that I would send payment in full with the signed settlement.I did not go for a hearing and now the Judge ruled against me with triple damages. Question: Is it better to try and reopen the case or take an appeal? Points - that I live in another state, the other attorney agreed to settlement and because he agreed I did not persue the cost of an attorney, I notified the court

Submitted: 23 days and 3 hours ago.
Category: Legal
Value: $58
Status: CLOSED
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Optional Information

State/Country relating to Question: Pennsylvania

Posted by Law Pro 23 days and 3 hours ago.

Info Request

You want to reopen the case - that you had settled the case.

 

Where in PA is this going on?

 

This was a civil arbitration matter - correct? When was the decision made - the date?

23 days and 3 hours ago.

Reply

I lost at arbitration on a landlord tenant. I am the landlord. I filed an appeal. This hearing was set for the appeal. At the Preliminary hearing the other side attorney agreed to settle and file all the paperwork. I notified the court of this. I called the court days before and was told the case seemed not to be listed anymore. I live out of state and did not go the day of trial. The other side appeared and the Judge ruled in my absence triple damages and legal fee;s. Should I file to re-open or file an appeal. This attorney basically lied to me, but he did write down what he planned to file and his fax # for me to send my letter. What is the best direction? Case in Delaware County, PA.

Accepted Answer

The easiest way to deal with this is to file a motion to reopen the case and state within the motion that:

 

1) that as per court records a trial was to be held in the matter

2) on ______ (approximate date) you had communications with the plaintiff's attorney

3) on that aforesaid date, and during those communications, a settlement was reached between you and the attorney in the matter whereby the attorney would file all the necessary pleadings to mark the case settled and discontinued. Attached is a true and correct copy of what the attorney planned to file in the matter along with the fax # for me to send your letter.

4) that because of the attorney's representations you thought the matter was completely resolved and therefore did not attend the trial of the matter

5) that if a procedural mistake has been made in this matter it would be unconscionable to allow the default judgment stand as entered.

6) that you are operating pro se and thought the matter completely resolved as per the attorney's representations

 

Wherefore, the defendant respectfully requests that this court reopen the default judgment and schedule a new trial on the matter.

 

It is better to reopen the default - the judge will do such under the circumstances - your pro se and he doesn't want the appearance that an attorney took advantage of a unrepresented party.

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Expert: Law Pro
Pos. Feedback: 99.0 %
Accepts: 
Answered: 10/29/2009

Attorney

19 years legal practitioner: real estate, collections, estate, civil, business, and criminal law

23 days ago.

Reply

How many days do I have to file the motion?

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