DC appealing?

[kleine]

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

On 10/15, I went to an arbitration hearing in response to a complaint filed against me for unpaid credit card debt (about $2200). The plaintiff did not send an attorney to the hearing so judgment was entered in my favor.

A couple of weeks ago I received notice that they are appealing the ruling in my favor with a copy of the original complaint attached. I received this notice from the DC's attorney, sent via regular mail. Not certified. And I have received absolutely no communication from the court.

Question #1 - It seems off to me that this notice didn't come from the court and that it was not sent certified mail. Is that the way this is usually handled?

Question #2 - Do I have a defense in this situation? They didn't even show up for the original hearing! Seems to me that if I hadn't shown up and they had gotten default judgment against me I wouldn't have a leg to stand on when it came to an appeal.

Please help! Thanks!

 

[TigerD]

It's is their right to appeal - just as it is your right to appeal.

DC

 

[kleine]

Yeah, I get that part. Thanks for the "help".

 

[TigerD]

Yeah, I get that part. Thanks for the "help".

No need to get snippy.

We have no way of knowing what defenses you may have -- you haven't given us any information to work with. The information you gave us isn't specific - just "it seems to me" - and that's fine, but but there isn't a lot anyone can do with that, not and give you anything remotely connected to correct advice.

The sense I got from your post is that you were venting. And that's okay too. The legal system is kind of screwy, but c'mon, you owe these people $2,200 did you really think they were just going to go away?

DC

 

[kleine]

Question #1 - It seems off to me that this notice didn't come from the court and that it was not sent certified mail. Is that the way this is usually handled?

I find it odd that I received a certified notice from the court for the initial arbitration hearing, but the notice of appeal was sent by the DC's attorney via regular mail. I haven't received a single thing from the court notifying me that the DC is appealing.

Question #2 - Do I have a defense in this situation? They didn't even show up for the original hearing! Seems to me that if I hadn't shown up and they had gotten default judgment against me I wouldn't have a leg to stand on when it came to an appeal.

In other words, is the fact that they couldn't be bothered to show up for the initial hearing a defense for me? An attorney I spoke with seems to think it is. The "seems to me" is because if I hadn't appeared at the intial hearing, they would have gotten default judgment against me. If it were me trying to appeal that the first question I would be asked was why I couldn't be bothered to show up for the hearing. Right?

Did I expect them to just go away? Probably not, but one can hope, right? I don't expect anything normal out of these people, but it certainly would have been easier on them to just show up the first time.

 

[Gail in Georgia]

Research the time frame limits your state has in terms of filing an appeal on a judgement.

Gail

 

[TimStudiesLaw]

...if I hadn't appeared at the intial hearing, they would have gotten default judgment against me.

And you would have the right to file a motion to vacate judgment.

 

[cosine]

It's is their right to appeal - just as it is your right to appeal.

DC

If this is "binding" arbitration, lawyers tell me that there is no right to appeal (not that it really stops lawyers from doing so). Maybe this one is a case which don't have the "binding" term in the contact?

 

[TigerD]

If this is "binding" arbitration, lawyers tell me that there is no right to appeal (not that it really stops lawyers from doing so). Maybe this one is a case which don't have the "binding" term in the contact?

Don't think I have ever seen a case where you couldn't try to appeal if you had the resources for the attempt. But I'm not a lawyer -- perhaps one of the lawyers can advise you on potential reasons for appealing.

DC