Appealed Small Claim Judgement Havertown PA

[jacuzzicoaster]

What is the name of your state (only U.S. law)? New York

I won a small claims judgement $8,123.31 in Havertown PA where the defendant lives.
The defendant appealed the judgement.
Now I live in NY, the contract in question was signed in NJ, when refiling this case in the higher court should I and can I file it in NJ in the county that the Lease Agreement Oakwood HOmes is located in Union county nj?What is the name of your state (only U.S. law)?

 

[seniorjudge]

You cannot refile the case.

Google res judicata

 

[jacuzzicoaster]

senior judge

U are wrong because I was told that I have to refile in order not to have it dismissed 20 days after I am served.

 

[seniorjudge]

U are wrong because I was told that I have to refile in order not to have it dismissed 20 days after I am served.

And where did you get this information?

Cite the statute you are relying on.

 

[seniorjudge]

What is the name of your state (only U.S. law)? New York

I won a small claims judgement $8,123.31 in Havertown PA where the defendant lives.
The defendant appealed the judgement.
Now I live in NY, the contract in question was signed in NJ, when refiling this case in the higher court should I and can I file it in NJ in the county that the Lease Agreement Oakwood HOmes is located in Union county nj?What is the name of your state (only U.S. law)?

I guess the last thousand years of common law precedent has been repealed.

I'm going to have to read the news more closely.

 

[racer72]

U are wrong because I was told that I have to refile in order not to have it dismissed 20 days after I am served.

You have to answer the appeal within 20 days. You don't have to refile your case. Now is the time to get an attorney involved if you want to win the appeal.

 

[racer72]

Don't hijack another's thread, start your own.

 

[chuck126]

hijacked

How did I.... [hijack] someones thread?, It appears to be relevant to the thread...no? Res Judicata/Appeal/S.C., same basic content as mine. If her case is remanded don't you think my post might help her later on? Does it really matter where I put it? Can I move it to another space on the forum w/o deleting and rewriting it? You sound like you would know how to do that, how could I do that? You also sound kinda hostile dude. S.C. $8,000.00....??
Try to be a little more helpful, as opposed to attacking.

 

[jdawg83]

Chuck126: racer72 is correct, you hi-jacked someone else's thread, it takes 30 secs to start a thread, and it rude for you to overshadow someone else's concerns with that of your own. Its not like people like Senior Judge, racer72, or other posters wont comment if they feel compelled to, but you shouldn't interject yourself into someone else's concerns. Its easy, you can edit your own posting, highlight your text, copy it and start a new thread and paste it. Also you can use the edit button to delete your post in this thread.

OP: Senior Judge is absolutely correct, refiling your case is against Res Judicata, most often an appealed Small Claims case will be heard De Novo, which means a new trial, but your record is forwarded from your Small Claims case, so there is no need to refile your claim. If you were told you had to submit something 20 days after you are served, this is not referring to you filing a complaint, you need to contact the court that has jurisdiction over your case and find out what you need to submit to the court. As Racer72 stated, if you have no clue whats going on, you should either retain an attorney to represent you, or if you can't afford it, contact the clerk at the Court and he/she will be able to give you contact information on obtaining legal services at a free clinic. Also instead of telling someone up here they are wrong, inquire as to why they said what they said, you might be surprised that you actually misunderstood the situation. Senior Judge, while sarcastic at times, is very knowledgeable.

 

[chuck126]

You guys happy now? I think the term "hijacked" is negative and derogatory. If I made the mistake of posting something I thought was relevant to the original post, then excuse me! It took longer a lot longer than thirty seconds to type what I typed. Based on her negative reply/response to the posts and the fact she had not responded in two months, it would be fair to say she's not going to respond further, she may read, but doubt if she will respond. I saw the post, which was relevant to my situation, so I posted. There was no intent to "hijack"?, nor do I think it was rude, to the contrary I thought my post would help her if anything. If racer or anyone else thought my post should have been posted as a new thread, they should have stated so without the "rude" adjectives, which was totally unnecessary. I shouldn't interject myself with someone else's concerns?...what is this forum for?

As far as the OP goes she never indicated in her post whether the case was reversed and remanded, or not?, or whether she wanted info on how to appeal? Her question was and still is: "when I refile this case in the higher court should I and can I file this case in this certain county?"
If her question/post had more info and was clearer, we wouldn't be assuming what she means or really wants. It could be her case was remanded for further proceedings already and she might want to [refile] the case in a higher Court [like County/Circuit Court], if she is going to have to do it all over again, and appears to be asking if the county she originally signed the contract in, is the proper jurisdiction to bring the refiled suit in? You do have to allege proper jurisdiction in a complaint don't you? If that is her situation and question then I would say...yes to that as the proper place to restart your case...[that's presuming her case was remanded] of course, but that's for her to clarify her current position with the case. Even if the Appeal has not been decided yet and she figures that a remand is highly likely, then maybe she should be thinking of where[in what jurisdiction], when and how to refile her complaint just in case her case is remanded, including how to appeal as suggested here. I believe most states have a "Prose litigants guide to file an Appellate Brief for Appeal", or something to that effect. Lots of stuff to consider when faced with an Appeal and remand. Otherwise we are all just making assumptions on her case, that may be or may not be valid? She is the only one who truly knows the current status of her case at this point....so???

 

[jdawg83]

I am happy that you think "hijacked" is a rude derogatory word, you have the right to your own opinion

 

[chuck126]

Ditto to you as well.

 

[seniorjudge]

...
There was no intent to "hijack"
...

Hijacking requires no intent.

 

[chuck126]

I definitely disagree with that, but that's a whole new thread my friend. I'll have to go and buy some box cutters ....think?

It is also a strong possibility that the Op's case was remanded on appeal and the original Judgment was vacated and the cause reinstated and that the Plaintiff [OP], was [served] with a Court Order to file an Amended or new complaint within twenty [20] days of the date of the Court Order. I would bet and I believe that is what she was referring to with the twenty day thing, and that she had to refile her case within twenty days [service]of the Court's Order or her case will be dismissed...which would be correct.
I can understand the res judicata answer and that would be correct [assuming] she had [not] even submitted a appellate brief in reply to the Defendants appeal, and the appeal was still pending and she was just trying to [refile] her case before the appellate decision was rendered, yes that would be Res Judicata, but I would respectfully disagree with the Res Judicata answer in this case given the above. So in essence, although she may have been less than candid/clear in her two posts, I believe she may have been right in her response to senior judge's reply, [with all due respect]. She was probably told to refile her complaint by the clerk of courts pursuant to the Appellate decision and mandate and the lower Court's Order to refile, so she can't quote a statute or rule, just the Court's Order.

And that's why I posted my post, because Res Judicata or collateral estoppel can be a defense to a [refiled] or Amended complaint [on remand], and you have to be careful when re pleading a Amended complaint pursuant to a remand order and mandate, or the Defendant could plead those two affirmative defenses in his answer to avoid the re-filed complaint and the reason for my post, as it appeared that was the direction she was heading to and was similar to my case and post and I felt it would be helpful to her, or others reading the post in a similar situation and in understanding Res Judicata [if] I had gotten an answer to my post...but?
She also stated that she moved out of state and it is highly likely in the process of moving, getting re situated in another state and the delay in receiving her mail to her new address, or incorrect address that the appeal took place, she didn't respond and the appeal was decided for the Defendant in the process of her moving and as a result she got a Court Order to refile another complaint within the twenty[20] days of service of the Court's Order or the case will be dismissed.

 

[jdawg83]

why are you giving so much attention to a dead thread, you can't resuscitate her case for her Chuck..obviously if she had 20 days to file and this post is almost 90 days old...maybe you should go put your "opinion" to good use in another thread