Hi, I appeal a Judge decision case in Lancaster PA. I file this appeal as a plaintiff and now the court is telling me that I was supposed to...

Question

Hi, I appeal a Judge decision case in Lancaster PA. I file this appeal as a plaintiff and now the court is telling me that I was supposed to file my appeal as a defendant. I file a COMPLAINT but I understand that I was supposing file a answer. I sent my complaint to the other party, but he did not respond to my complaint.

Questions:

1- I lose the opportunity to win the appeal because I file a Complaint and not a Answer?

2- The other party maybe did not answer my complaint because I file my appeal wrongly?

3- What I can do in this case?

Thank you

Marjorie

Answer

I don't know what you have done in this case or how it started out. If you were sued by the other party initially, that party is the plaintiff and you are the defendant. If you wanted to sue the other party, usually defendants file answers and if they also want to counter-sue, the defendant files what is called a counter-claim. Depending on if the facts are related or not, sometimes the defendant can file a separate lawsuit in which case the defendant is now the plaintiff in the second lawsuit.

The counterclaim (or original complaint) has to include a notice to defend. If you did not include this, then your counterclaim/complaint was improper.

I don't know where you appealed to. If the action started out before a magistrate, then appeals go to the court of common pleas. If this began in the court of common pleas, then an appeal usually goes to the Pennsylvania Superior Court.

Depending on what you did and whether the action was dismissed with or without prejudice, you may be able to start all over again, but this time, get a lawyer. If the words "dismissed with prejudice are in the order from the court" then you cannot refile anything. If the order is without prejudice then you can go back and do it right.

Complaints or counterclaims get filed with the court; you don't just send them to the other party. If this was not filed, it would also be a reason for the other side to ignore whatever you sent.

Since I don't know what was done or what you filed, I would take a copy of everything to an attorney or Legal Aid if you qualify. Failing that, then pay a lawyer just to consult with the lawyer and get their opinion as to what you did. It may be possible to amend what you did or start over as I said.