Appealing small claims in PA

[Gnettles5]

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

Hi. I was plaintiff in a small claims case in Pennsylvania. Can someone please explain to me how to go about an appeal? I don't know where to start, where to go, what to submit, etc. Want to make sure I do it right.

Strangely, I was told that everything just starts over, and that nothing from the initial hearing carries over (no record, etc) which makes me wonder, what is the point of the first hearing?

Any help in directing me would be very much appreciated. Thank you!

 

[HRZ]

I don't know how to post it...the steps are in the law...and in major handbooks like West ..Pennsylvania Rules of Court -State ...and many local libraries have copies .

Basically requires proper notices be filed timely ( within 30 days)

Yes, it's de novo...and into County Court ...unless you are a glutton for a quick study of rules, that means you need counsel to carry the ball...under much tighter procedures ... better sort out if quest is worth it and your odds etc....legal fees are not recoverable

 

[FlyingRon]

Here is a link to a very good article on appealing District Court (small claims) proceedings in your state. As you have found out, if it gets to a hearing, it's going to be heard de novo in Common Pleas Court. (Most common pleas districts follow county borders but there are a few that don't. In any event, they are a division of the Commonwealth judicial system, not of the county they may be coloated with).

https://www.palawhelp.org/resource/how-to-appeal-from-district-justice-court

Note that the appeal process, while largely "de novo" (you are right the district courts do not keep traditional trial records), the procedure is not the same informal thing that you experienced in small claims. There are more pre-trial steps and the judges in Common Pleas are typically far less patient with bumbling lay people. You may wish to obtain services of an attorney this time. If you lose here, you move into the realm of a traditional appeal, and that's not going happen just because you are unhappy or felt the judge was unfair.

 

[Gnettles5]

Thanks for your replies. Next question is, are there lawyers who make themselves available on a limited basis to aid me in representing myself? It's a small claim, so I really wouldn't want to spend over, say, $1,000, and honestly my case doesn't really require much testimony. I just want to make sure that I do all the paperwork right.

 

[FlyingRon]

I suspect you will not find any lawyer to talk to you for that small of a sum. Since you lost with the magistrate, you are no longer in the realm of small claims (this would be true in just about any state). The question is why you think the outcome is going to be any better the second time around? While I have met a few ******* magistrates in the Commonwealth over the years, most aren't and I can't say that I didn't find any that weren't fair.

If you are indigent, PA legal aid may be able to help you. Otherwise, you're on your own.

 

[Gnettles5]

Isn't it true that the next step is arbitration? I was told that in PA, the appeal is heard by a panel of three judges or lawyers, again in a more informal setting.

 

[HRZ]

For modest amounts the court might have it heard by a 3 lawyer panel ....IVe been there ...and the rules are pretty darn tight , no walk in park ...and you best have a real paid gladiator in there for your side ....


BTW what is this all about ...and what winnable points do you expect to add at the next level?

AS an aside, if you take it to the next level and use a paid gladiator you pretty much force the defendant to do the same ...as a contest with but one gladiator favors the gladiator.

DO not assume as plaintiff you can get the steps right wo a pro.

 

[FlyingRon]

Isn't it true that the next step is arbitration? I was told that in PA, the appeal is heard by a panel of three judges or lawyers, again in a more informal setting.

It's a hearing. Do not think that it is the fun and games that the magistrates are even if the panel is embodied from attorneys.

 

[Gnettles5]

Thanks for replies. I have the money for a lawyer, just that the amount I am seeking doesn't make it worthwhile. It's a $4,500 judgment I'm seeking. I don't need a gladiator as much as someone to just guide me through the paper process. My case is mostly documentary evidence, I don't need to do much more than get it in the arbiters' hands and let them read it. The appeal is because of a very simple "error of omission" on my part in the initial hearing.

 

[HRZ]

THe rules on how to file appeal are pretty darn straight forward...so file it !

 

[cbg]

I am by no means sure that you are able to appeal because you made an error of omission on the initial case. Generally you don't get a do-over.

 

[HRZ]

PA rules allow for a complete do over ....but OP needs to follow stricter rules at next level ..and to as to proceedure and rules of evidence.....OP you might be a lot smarter to work harder at your day job and hire a pro for the actual court case .... which I think needs to be filed rather quickly after your appeal is filed ...like 20 days

 

[FlyingRon]

And frankly, as I inquired earlier. Just because he gets a "do over" doesn't likely mean the answer is going to be different. In fact, you can end up in a worse position on the appeal than you had in the original judgment.

 

[Gnettles5]

And frankly, as I inquired earlier. Just because he gets a "do over" doesn't likely mean the answer is going to be different. In fact, you can end up in a worse position on the appeal than you had in the original judgment.

Thanks for your reply, but would be the worse position, if I may ask? The worst case scenario is I lose, correct?

 

[cbg]

You could end up paying the other side's legal bills, for example. You didn't read the link, did you?