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I filed a small claims case & lost because I didn’t not have…

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I filed a small claims...
I filed a small claims case & lost because I didn’t not have proof of ownership. My neighbor damaged my property by driving over my grass that caused damage. Judge said I could refile but make sure I have my survey and deed. I left courtroom and went to refile for small claims the same day. They told me that since the judge ruled against me, I have to file a small claims appeal, so I did. I didn’t have a lawyer but the defendants did. The lawyer sent me documents stating he wants my case dismissed because I filed to comply with Pa. R.C.P No.1022. I don’t know what this mean. The arbitration hearing is March 8, 2018.
The case is for damages in the amount of $3,348.54. I retired from the federal government last year and am on a fixed income. I think I need help or at least, some info on what I’m up against with this lawyer. Thank you.
Submitted: 8 months ago.Category: Legal
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12/12/2017
Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,155
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 8 months ago

Thanks for your patience. The rule that the attorney cited was the PA rule that says, "Every pleading shall be divided into paragraphs numbered consecutively." Basically, the state wants you to put it only relevant facts in a way that is going to be easy to read. If that is the case, you may need to amend your appeal using 28-line pleading paper. It's an excellent way to ensure that your document is easy to read and reference. Remember, the courts deal with a lot of documents so the easier it is to read, the better your chances. I've uploaded a copy to the system for you to download.

What other questions did you have for me?

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Customer reply replied 8 months ago
Why did this service charged me twice for your services. Just received confirmation from my bank. How can this be rectified. $23+5 and another $23+5.
Lawyer: Legal Eagle, Lawyer replied 8 months ago

It's $5 to post your question and another small fee for your unlimited interaction with me. It's a really great deal to chat live with a lawyer. Did you have other questions regarding your situation?

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Customer reply replied 8 months ago
I know the original fee is $28 but you all charged me this fee TWICE.
Lawyer: Legal Eagle, Lawyer replied 8 months ago

I'm sorry to hear that.

You can always contact Just Answer’s Customer Care team by clicking here or calling them at 1-***-***-**** to get a refund on that 2nd payment. Very strange. I'm very sorry to hear that.

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Customer reply replied 8 months ago
The customer service rep is telling me that only one (1)$5 amount posted and no $23 amounts posted. My automated credit union service is telling me two $5 amount have been entered along with two (2) $23 amounts have been posted. Your rep also said that if payment wasn’t received, you wouldn’t have answered. I informed him that you did respond and you were the one I received their phone number from. He stated he don’t know how that happened, to call him back in a couple of hours to confirm. I replied that I would. Crazy right!!!
Lawyer: Legal Eagle, Lawyer replied 8 months ago

I'm sorry about all of the confusion. Keep working with the customer service team. They'll be able to help you out. Because I don't work for Just Answer, but I'm just here to answer questions, I can't be of much help outside of your legal questions.

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Customer reply replied 8 months ago
Can u tell me what can I do now because the paperwork that I sent in for the appeal is about 50 or so documents. That’s more than the first small claims case.
Lawyer: Legal Eagle, Lawyer replied 8 months ago
You can amend it, make sure it has organized paragraphs, and serve it again on the defendant.
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Customer reply replied 8 months ago
Even though there is a arbitration hearing scheduled for March 8, 2018.
Lawyer: Legal Eagle, Lawyer replied 8 months ago
Who scheduled the hearing? The judge?
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Customer reply replied 8 months ago
Title reads “In The Court of Common Pleas of Philadelphia County...First Judicial District of Pa... Trail Division- Civil.
Lawyer: Legal Eagle, Lawyer replied 8 months ago
I see. Unless there's something barring your ability to resubmit, resubmit. Do it soon. Even if you don't I don't see the other party succeeding with that defended frankly.
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Customer reply replied 8 months ago
Ok. High many of these 28-line pleading papers am I allowed to use. I also have 19 photos and 7 pages of receipts, not including my statement.
Lawyer: Legal Eagle, Lawyer replied 8 months ago
You only need one pleading paper document because you can make it as many pages as you want. If you need to attach the photos in the pictures of receipts you can attach those as addendums as well and reference them in the pleading paper.
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Customer reply replied 8 months ago
The lawyer also states Pa.R.C.P. No. 1022. What does that mean?
Lawyer: Legal Eagle, Lawyer replied 8 months ago
The rule that the attorney cited was the PA rule that says, "Every pleading shall be divided into paragraphs numbered consecutively." Basically, the state wants you to put it only relevant facts in a way that is going to be easy to read.
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Customer reply replied 8 months ago
I’m sorry it took so long to respond back. Basically, the 1022 and 1028 is saying the same thing. I just need to make my 52 pages into much, much shorter argument. Should I retain a lawyer to do this. I’m a retired fixed income person and really can’t afford such services.
Lawyer: Legal Eagle, Lawyer replied 8 months ago
I agree. Fifty two pages is a lot. If you go to your lawyer referral service, you can find a lawyer there. Sometimes, just asking them to draft this can save you some money
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Lawyer: Legal Eagle, Lawyer replied 7 months ago

Hello, it’s been awhile since we connected so I wanted to check in with you to see if you had any further before you rated. If you have any other questions or if there is anything else I can assist you with today. Please reply here and let me know.

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