I won a civil suit but the defendant appealed, I had to answer with a letter of complaint, I sent her one and put one on file at the prothonotary office. if she answers do we go to court again and if she does not answer and I send her a 10 day notice of intent letter what is the next step. I can't afford a lawyer and am doing this myself. a lawyer did the complaint letter but he won't do anything else, he did that free and what is an MDJ appeal
Marlo Pagano-KelleherPersonal Injury LawyerMedia, PA ·
A MDJ Appeal is an appeal of a magisterial district judge's opinion (i.e., small claims or municipal court). From your facts, it appears you received a favorable judgment at the district court level. An appeal was filed by your adversary and you were forced to file a complaint. Yes, that complaint must be answered in 20 days and if not you can file for a default judgment. You must, however, give your adversary 10 days notice prior to seeking a default judgment, during whcih time he/she/it may file a response which will be considered timely. If your adversary fails to answer after the 10 days expires and the amount in controversy is a sum certain, that is a set amount, generally the prothonotary can enter a default judgment upon request. If the amount is not settled then your default request will have to be decided by a judge. If however, the complaint is answered, you will then enter the discovery phase and if not dismissed on a pretrail motion, the case will then proceed to a hearing as if the prior hearing never occurred.
I agree with the advice of the Attorney before me that you should consult an attorney. And, if you must proceed pro se it is essential that you get your hands on the Pennsylvania Rules of Civil Procedure. Nothing disturbs a judge more then a party who fails to follow the rules.
This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies.
Marlo Pagano-Kelleher, Esq.
The Pagano Law Firm
1801 Route 202, 2nd Floor
Glen Mills, PA 19342
phone (610) 357-6035
fax (610) 358-5782
www.thepaganolawfirm.com
First, appeals are very complicated and you should consult with an attorney. I would recommend that you contact the civil court and ask if they have a program for indigent clients to receive legal advice, in Massachusetts this is called "lawyer of the day". Also contact the local bar and ask if there are any "legal aid" programs.
Finally, if you insist on doing this yourself, you should look for a law library and look for the PA "Rules of Court". This is the book that is published by the state bar that has the court's rules and procedures. There should be instructions on the process in this book. However, you may need a lawyer to decipher it.