Thursday, September 25, 2014

I received a registered letter informing me that I had to appear before a Pa. Magistrate to give him an update on the sale of property and a...

Question

I received a registered letter informing me that I had to appear before a Pa. Magistrate to give him an update on the sale of property and a house (the house needs to be rehabbed). When I showed up for my court date; with my REGISTERED LETTER IN HAND, the Magistrate asked me why I was there. I told him that I received a registered letter from the court ordering me to appear in court on the date that was in the registered letter I received. I know how important it is to show up for a court date and I would never intentionally miss one. The magistrate informed me that I didn't show up for a court date he said was scheduled four days earlier and that he found me guilty in abstention and I would receive his ruling by mail. I told the magistrate that I NEVER received any notification whatsoever of a new court date and if I was notified I surely would have been in attendance. I feel my civil rights were severally violated in this matter. How could a person be found guilty when he had no notification whatsoever from the court of a court date. All communication from the magistrates office to me has been by registered mail. Once again I received NO notification of the new court date but I did show up in court on the date I was supposed to. Do I have any rights to file a suite in this matter? DAVID C



Answer

Well you have the right to appeal. If it's a civil case you get a trial de novo in Common Pleas Court you have 30 days to appeal from the date of the decision. If it was a summary criminal case you can appeal that as well.

If you decide to appeal you would be well advised to get a lawyer.

John



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