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Will a Judgment of Non Pros show up on my reports?


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I recently sued a business in small claims court in PA (Magisterial District Court). I received a default judgment, but on the last day of the appeal period I received their appeal to a higher court (Common Pleas).

 

Basically, the appeal rules state that I either have to re-file my complaint from scratch in the higher court, or else a "Judgment of Non Pros" will be entered against me. Well, if I re-file in the higher court it's going to cost me more time and legal fees than it's worth, which I don't want to do.

 

My question is; If I don't re-file and let a Judgment of Non Pros be entered against me, is this a judgment that will show up and effect my credit report? Or, does it simply negate the suit?

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No. It's just an automatic dismissal.

 

This is the problem with small claims. If you file a SC case and lose that's the end of the road. If you win, the defendant gets to file an automatic appeal. That appeal, unlike other appeals which are largely limited to questions of law, results in a completely new trial as if the small claims case never happened.

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I have a follow up question about the OP's case. What if he doesn't contest the appeal and the court dismisses his default judgement from the lower court, will he be responsible for all of the court cost and/or lawyer fees that the business he sued might have?

This was going to be my follow-up question as well.

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I just asked an attorney this question and he said:

 

"Both parties are generally liable for their own legal fees and the only time legal fees are awarded is if provided for in some statute, or if there is proof of a frivolous lawsuit being filed."

 

This is regarding PA, so your State may vary.

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The last post in this topic was posted 1594 days ago. 

 

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