Full question:
I would like to know when a judgment is awarded to a plaintiff and then stricken for not properly serving the recipe for judgment to the defendant what must be done to get this issue back into the courts? Where do I find this issue in the law books?
- Category: Judgments
- Date:
- State: Pennsylvania
Answer:
To address a judgment that has been stricken due to improper service, you may file a motion to reopen the judgment. It’s advisable to consult a local attorney who can review your specific situation and documents.
According to Pennsylvania Rule of Civil Procedure 2959, you can seek relief from a judgment by filing a petition. All grounds for relief, whether to strike off or to open the judgment, must be included in a single petition. This petition can be filed in the county where the judgment was entered or in any county where the sheriff has received a writ of execution to enforce the judgment.
If your petition shows prima facie grounds for relief, the court will issue a rule to show cause and may grant a stay of proceedings. After the plaintiff is served with the petition, they must respond by the return day set by the court. If you do not file the petition within thirty days of receiving written notice, the court may deny it unless you can show compelling reasons for the delay.
The court will consider evidence and may open the judgment if it finds that the issues warrant a jury trial. While the petition is pending, the lien of the judgment will remain in effect.
For more information on this process, you can refer to the Pennsylvania Rules of Civil Procedure, specifically Rule 2959.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.