Judgement Appealed/Where do I file a complaint

[vmp363]

I (Landlord), won a judgement in magisterial court and the defendant appealed. The appeal notice says I have to file a complaint in the appeal within 20 days. Where do I file that and will it cost me a fee to do so?

 

[Gail_in_Georgia]

Call of office of the Clerk of Court (where you initially filed for your first case) and ask them these questions. Sometimes the local court system will post this information on line.

Gail

 

[vmp363]

Where to file complaint of appeal

Thank you very much for your reply. I initially filed the LT in district court. I called the prothonotory's office and they would not even tell me where I had to go to continue the process afetr the tenant appealed. I will try Clerk of Courts. This tenat has not paid rent and we want posession. She appealed. It seems like a cut and dry case to me but in your opinion should I be represented by leagal representation in common pleas court?

 

[Gail_in_Georgia]

I would not think you would need legal representation. You won the first judgement and unless something drastic has changed (for example, your tenant now has the funds to pay owed rent and wishes to do so to prevent an eviction) there doesn't seem to be any logical reason why the appeal should not have the same conclusion.

Sometimes a tenant will simply drag things out as long as they can so they can remain in the rental (of course, still not paying rent).

Gail

 

[jharris352]

The court fees will be on the Appeallee, (them) rather than you. If they win on appeal they will be able to make you pay the costs. You should get a copy of their appeal and be given time to answer it.