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Pennsylvania Default Judgment Packet - Damages to be Assessed by the Court

State:
Pennsylvania
Control #:
PA-SKU-2640
Format:
PDF
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Description

Default Judgment Packet - Damages to be Assessed by the Court

The Pennsylvania Default Judgment Packet — Damages to be Assessed by the Court is a legal document used in the state of Pennsylvania to provide a court with the necessary information to assess damages in the event of a default in a dispute. This packet includes forms and instructions to assist the court in determining damages in a case where no settlement or agreement is reached between the parties. The packet includes forms for the plaintiff and defendant, information about how to prove damages, and instructions for the court to assess the damages. The different types of Pennsylvania Default Judgment Packet — Damages to be Assessed by the Court are: Personal Injury Damages, Contract Damages, Negligence Damages, and Punitive Damages.

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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.

You cannot appeal the judgment against you. You must file the appeal within 10 days of the judge's decision. To file the appeal. Get a form called Notice of Filing Notice of Appeal from the small claims clerk.

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.

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.

More info

Clerk Default Judgment. Use Judicial Council form JUD-100.INSTRUCTIONS. This checklist is designed as a tool to assist party(ies) with processing a judgment. It may not include all of the information that is. Items 11 - 19 — NOTE: THIS MUST LOOK THE SAME AS THE AMOUNTS. A default judgment must not differ in kind from, or exceed in amount, what is demanded in the pleadings. Complete the Default Judgment and present it to the clerk. You cannot enter a sum for more than what was asked for in the Complaint. CIV-825 Affidavit can be used in conjunction with CIV-800 or CIV-808 Packet: CIV-825 Affidavit. What's the procedure for applying for default judgment?

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Pennsylvania Default Judgment Packet - Damages to be Assessed by the Court