Pennsylvania Precise For Default Judgment is a legal document used in the Pennsylvania state court system. The document is used to request a default judgment when the opposing party does not respond to a complaint. This document is typically used when the defendant has failed to appear in court or respond to the complaint. There are two types of Pennsylvania Precise For Default Judgment: one for cases where the defendant has failed to answer a complaint, and one for cases where the defendant has failed to appear in court and enter a plea. The Pennsylvania Precise For Default Judgment must include the name and address of the plaintiff, the name and address of the defendant, the case number, and the court in which the case is being heard. The Precise must also state the grounds for the default judgment and provide a certificate of service, which proves that the other party has been properly notified of the complaint and the Precise. This document must be signed by the plaintiff or their attorney.
Pennsylvania Praecipe For Default Judgment
Description Praecipe To Enter Default Judgment Pennsylvania
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FAQ
Case law has imposed three requirements for opening a judgment by default: a petition timely filed, a reasonable explanation or legitimate excuse for the inactivity or delay and a showing of a meritorious defense.
Commanding a defendant to perform an act or to demonstrate why he or she should not perform that act. Requesting that the court perform some action, such as entering a judgment or setting the date for a trial, and that the clerk of the court issue a writ therefor.
Pennsylvania judgments are valid for 5 years. Judgments can be revived every 5 years and should be revived if a creditor is attempting to actively collect on the debt. Judgments also act as a lien against real property for up to 20 years or longer if properly revived.
Code § 1021.76a - Entry of default judgment. (a) The Board, on motion of the plaintiff, may enter default judgment against the defendant for failure to file within the required time an answer to a complaint that contains a notice to defend.
The praecipe simply asks the prothonotary to issue a writ of summons against the defendant. Plaintiffs typically file a praecipe for writ of summons: To commence a lawsuit quickly when the statute of limitations is about to expire on the plaintiff's claims.
Rule 1037. Judgment Upon Default or Admission. Assessment of Damages. (a) If an action is not commenced by a complaint, the prothonotary, upon praecipe praecipe of the defendant, shall enter a rule upon the plaintiff to file a complaint.
Code § 237.5 - Form of Notice of Praecipe to Enter Judgment by Default. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU.
Code § 237.5 - Form of Notice of Praecipe to Enter Judgment by Default. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU.