Complaint in Replevin

[Dlgray1066]

What is the name of your state? Pennsylvania
I was never served for a civil complaint filed against me. A default judgement was entered and I received that paper. I filed an appeal and served the other party. They never responded within the 20 days and I won the appeal. This was in August 2019. Now I was just served a complaint in replevin and I’m not sure how to respond. I want the case dismissed but I don’t know what papers to fill out and file. The other party has an attorney and I don’t. Any advice would be appreciated!

 

[Mass_Shyster]

What is the name of your state? Pennsylvania
I was never served for a civil complaint filed against me. A default judgement was entered and I received that paper. I filed an appeal and served the other party. They never responded within the 20 days and I won the appeal. This was in August 2019. Now I was just served a complaint in replevin and I’m not sure how to respond. I want the case dismissed but I don’t know what papers to fill out and file. The other party has an attorney and I don’t. Any advice would be appreciated!

If what you wrote is accurate (which I seriously doubt), the correct action may be a motion to dismiss on the basis of res judicata.

But since you don't know what papers to fill out and file, I suggest you hire an attorney.

 

[quincy]

I agree with Mass_Shyster that you should have an attorney. I also agree with Mass_Shyster that the replevin action seems an odd one after a final judgment, unless the other party’s attorney is noting that the judgment was a default judgment, not based on the merits of the case.

What property is in dispute?

 

[Zigner]

I filed an appeal and served the other party. They never responded within the 20 days and I won the appeal.

Did you file an appeal, or did you file a motion to set aside the judgement?

 

[zddoodah]

Now I was just served a complaint in replevin and I’m not sure how to respond. I want the case dismissed but I don’t know what papers to fill out and file. The other party has an attorney and I don’t. Any advice would be appreciated!

Then get one. That is the only sound advice based on what you posted.

 

[Taxing Matters]

What is the name of your state? Pennsylvania
I was never served for a civil complaint filed against me. A default judgement was entered and I received that paper. I filed an appeal and served the other party. They never responded within the 20 days and I won the appeal. This was in August 2019. Now I was just served a complaint in replevin and I’m not sure how to respond. I want the case dismissed but I don’t know what papers to fill out and file. The other party has an attorney and I don’t. Any advice would be appreciated!

Did you file an appeal of that default judgment, or did you file a motion to vacate the judgment based on not getting served? If you did an appeal, what was the reason you gave the appeals court for the appeal and what was the ruling? And is the current replevin action the same action that was filed in the earlier case?

If what you did was got the judgment vacated (rather than appealing to an appeals court) then the plaintiff can refile the claim claim against you so long as it's done within the statute of limitation. In that case, what you'd do is file an answer to the plaintiff's complaint. That's far and away the usual course of events with default judgments.

You might want to at least get a civil attorney to look at your situation and tell you where you stand.