• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Filing an appeal

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Zigner

Senior Member, Non-Attorney
#16
The magistrate made it's decision based on what the debt collector told him we agreed on,but it never materialized.....
Then an appeal is not the proper avenue for you to take. I have to ask, though: What do you hope to gain? Your SS cannot be garnished and the bank will refuse to honor the garnishment based on the source of the funds. You're not going to make the judgment go away.
 


quincy

Senior Member
#17
What is the basis for the appeal? I do not see one.

That you have no non-exempt assets now does not mean you won't have these assets later. The judgment is good for a long time.
 
#18
Then an appeal is not the proper avenue for you to take. I have to ask, though: What do you hope to gain? Your SS cannot be garnished and the bank will refuse to honor the garnishment based on the source of the funds. You're not going to make the judgment go away.

I don't trust this company...the original debtor Synchrony Bank wanted to still go after me regardless if I was protected or not.....
 

Zigner

Senior Member, Non-Attorney
#19
I don't trust this company...the original debtor Synchrony Bank wanted to still go after me regardless if I was protected or not.....
Of course they do, and your bank will block those attempts. Now, if you ever come in to money that is NOT from SS, then that money is free game and will likely be used to pay the debt (as it should be).
 
#20
What is the basis for the appeal? I do not see one.

That you have no non-exempt assets now does not mean you won't have these assets later. The judgment is good for a long time.

The basis of the appeal is to get it reversed.Judgement would have never be placed against me if I had not made and agreement with their lawyer.I should have just gone in and kept my mouth shut
 

Zigner

Senior Member, Non-Attorney
#21
The basis of the appeal is to get it reversed.Judgement would have never be placed against me if I had not made and agreement with their lawyer.I should have just gone in and kept my mouth shut
You are wrong. The judgment is proper, they just can't do anything with it, nor have they tried to.

Edited to add: An appeal is for situations where the judge made a mistake interpreting and/or applying the law. This is not what happened in your case. Additionally, your agreement was for them to not seek payment from you if you simply filled out the form. They have complied by not seeking payment from you, even though you didn't fill out the form. You could be proactive and write your own letter. There are examples on the internet.
 

quincy

Senior Member
#22
I don't trust this company...the original debtor Synchrony Bank wanted to still go after me regardless if I was protected or not.....
That is not grounds for an appeal.

Whether or not you trust the debt collection company, there is (what appears to be) a valid judgment against you for a debt that is (apparently) one you owe.

An appeal seems inappropriate.
 
#25
The issue when you are sued on a debt is pretty straightforward: what amount, if any, do you owe the plaintiff? If the creditor proves to the court you owe $x, the court will issue a judgement for $x. An appeal would have to argue that the judge misapplied the law in reaching the decision or screwed up on procedure. You will not win an appeal based on the plaintiff not dropping collection efforts as it allegedly agreed to do.

Your Social Security is exempt from attachment for that judgment. You do not need to get the judgment reversed to protect your Social Security. If you have other assets that are not exempt from attachment the creditor may go after those assets to collect the judgment. But if you have nothing but exempt assets that judgment is worthless to the plaintiff until you get something it can attach, if that ever happens.

The bottom line is that based on what you have said here, that appeal isn't going to help you.
 

Litigator22

Well-known member
#27
That is not grounds for an appeal.
Are they trying to garnish your income?
Just to clarify for you Z it does not matter on what grounds the appeal is taken! Nor is it required that the notice of appeal state specific grounds.
In Pennsylvania an appeal from a magistrate court to a court of common pleas is heard de novo. In other words, as though the matter was never heard by a magistrate judge.

And I suppose for the same reason why appeals from a small claims court in less traditional or more progressive parts of the country are heard de novo. Such inferior tribunals are not "courts of record" hence there is no "record" to review on an appeal.

"Garnishment"? It wouldn't seem so and apparently not according to the latest from the OP. ( . . . they have not acted on the judgment)

Anyhow, in the instant case (where the judgment is restricted to an award of money) the service of a copy of the notice of appeal upon the magisterial district judge operates as a supersedeas and without need of bond nor need of Q's "stay of execution". (See: PA RCPJP Rules 1002 and 1008)
________________________

Why would might one think PA is less progressive than some? Consider this:

"NOTICE OF APPEAL" - "PRAECIPE (from the prothonotary) TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE A COMPLAINT" ?
 

quincy

Senior Member
#28
Just to clarify for you Z it does not matter on what grounds the appeal is taken! Nor is it required that the notice of appeal state specific grounds.
In Pennsylvania an appeal from a magistrate court to a court of common pleas is heard de novo. In other words, as though the matter was never heard by a magistrate judge.

And I suppose for the same reason why appeals from a small claims court in less traditional or more progressive parts of the country are heard de novo. Such inferior tribunals are not "courts of record" hence there is no "record" to review on an appeal.

"Garnishment"? It wouldn't seem so and apparently not according to the latest from the OP. ( . . . they have not acted on the judgment)

Anyhow, in the instant case (where the judgment is restricted to an award of money) the service of a copy of the notice of appeal upon the magisterial district judge operates as a supersedeas and without need of bond nor need of Q's "stay of execution". (See: PA RCPJP Rules 1002 and 1008)
________________________

Why would might one think PA is less progressive than some? Consider this:

"NOTICE OF APPEAL" - "PRAECIPE (from the prothonotary) TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE A COMPLAINT" ?
If Pcbeatnik hopes to come away without a judgment the second time around, I am afraid he will be disappointed.

I appreciate the correction on PA appeals, Litigator.
 
Sponsored Ad

Top