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How do I respond as an appellee that won a 5000 dollar judgment and defendant hired a lawyer to appeal lower court ruling in pa court of common pleas?
Wiki User
∙ 14y ago
You must respond to the appeal or the other party will win by default. If you won in the lower court, it sounds as if you may have a good, valid, claim but now that the ruling in your favor has been appealed, you will have to re-assert your claim once again. If you are not represented by counsel you should at least get a consultation with one.
Wiki User
∙ 14y ago
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When are civil suits paid?
When the Defendant has the money! Joking, of course. This question leaves out a lot of information. Is there a settlement, a judgment, an appeal? Generally, if there is a settlement, the agreement itself dictates when payment is to be made. If there is a judgment, the Plaintiff has many tools to effectuate payment, if the Defendant is not forthcoming with the payment. If the Defendant appeals the judgment, then the Plaintiff will generally have to wait until after the appeal is heard - but this is usually ok since the Defendant will usually have to file a bond in the amount of the judgment to file the appeal (which secures Plaintiffs' damages, should the appeal fail).
How do you legally remove a judgment that you were not served notification of?
The involved party may be able to file an appeal in the court where the judgment writ was issued. The person filing the appeal will need substantiating evidence that a reasonable attempt to serve notice of the lawsuit and the judgment that was awarded to the plaintiff was not made. In many states it is not necessary for the defendant to physically accept a summons. In some states a summons may be sent by registered mail. There is also the possibility the debt was sent to arbitration thereby circumventing some of the legal steps in obtaining a judgment. The failure of the defendant to respond results in a default verdict, meaning the defendant has lost the case. The state laws will determine if the time limit for an appeal has expired. If an appeal is possible, a judge will hear the defendant's argument, review any evidence and render a decision as to the validity of the lawsuit and/or judgment.
What is the cross-appeal rule?
The cross appeal rule states that a remedy in favor of an appellee can only be justified if the appellee brings a cross appeal. In Greenlaw v. United States, the Supreme Court held that an appellate court violated this rule when it imposed a minimum sentencing hike on the appellant even though the appellee (state) had not filed a cross appeal.
Do you have to go to court for a garnishment after receiving a summons?
If the defendant does not respond to a summons, the plaintiff will usually win the case by default. A judgment will be awarded, a judgment can then be executed pursuant to state law, one option is wage garnishment. The defendant/debtor does not have to attend court. If he/she wants to protect property or perhaps have a chance to appeal the ruling, it would be in their best interest to make an appearance or retain legal counsel.
Is the appellee a party against whom a case is appealed from a lower court to a higher court?
Yes. The party who files the appeal is the appellant; the opposing party is the appellee. Today, the more common terms are petitioner (appellant) and respondent (appellee).
Can a cell phone company enter a default judgment?
A default judgment is entered by the court. A cell phone company can file suit for past due payments and if the defendant does not appear in court in person or by counsel then a default judgment is entered in favor of the cell phone company. The defendant then has 30 days to appeal this judgment/
If you have a judgment can the judgment defendant attempt to have it reversed after a year has passed.?
Depending on what state, the party usually has approx. 30 days to appeal the Judgement. Contact the office of the clerk of the court where the judgment was filed to obtain information on its status
How do you appeal a default judgment to which you were never served a summons?
You have 30 days to respond to a default judgment by going to the courthouse and filing an appeal. A new trial will be set where the judge will either give you another opportunity to hear your side or vacate the judgment if you can show that you were not properly served.
How long do I have to respond to a judgment served against me?
The time frame to respond to a judgment served against you typically varies by jurisdiction. Generally, you may have between 20 to 30 days to respond by filing an appeal or motion, but it is essential to check the specific rules and time limits in your local court. It is crucial to act promptly to avoid potential consequences such as a default judgment.
Who is the appellant and appellee when a minor who is represented by the state and is found guilty of a crime and wants to appeal?
Wording is kind of confused - - if you mean that the minor was represented by an appointed public defender - and he wanted to appeal the case after being found guilty - the minor/public defender is the "appellant." The "appellee" is the court to whom the appeal is addressed.Clarification:If the minor is appealing a conviction, the minor is the appellant and the appellee is most likely the State. The public defender (an advocate) and the appellate court are not parties to the case, so neither of them would be listed as appellant or appellee.Some states reverse the meaning of appellant and appellee for some reason, so this question is best directed to the appropriate Public Defender's office.
When can an appeal be made in court?
When a defendant is found guilty in the trial court, an appeal can be held in the appellate court. Appeals are often done when a defendant maintains their innocence.
What does appeal dismissed with costs mean?
An appeal is when you ask an higher court to review a case in which you feel the vedict was wrong. So when an appeal is dismissed it means that it doesnt get looked at by the higher court.
