Pennsylvania Precise For Default Judgment is a legal form used in the state of Pennsylvania. It is a request from a plaintiff to the court to enter a default judgment against a defendant who has failed to respond to the complaint. This form must be filed with the court and served on the defendant in order to begin the default judgment process. There are two types of Pennsylvania Precise For Default Judgment: one for cases in which the defendant has failed to file an answer or affidavit, and one for cases in which the defendant has failed to appear for a hearing or other proceeding. In either case, the Precise must include the names of the parties, the case number, the amount of damages requested, and a statement of the grounds for entry of the default judgment.
Pennsylvania Praecipe For Default Judgment
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How to fill out Pennsylvania Praecipe For Default Judgment?
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FAQ
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.
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.
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 § 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.
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.
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.
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.