Beginning-Yak-911

Beginning-Yak-911 t1_iu1zpkv wrote

Reply to comment by AnewENTity in Sued landlord for security deposit *2, won by default, now landlord appeals & I have to file a complaint?! by Da-OG_karma2000

LOL you paid an attorney to bring a brief to the Magistrate Court??

It's the same price to file a complaint in the Common Pleas Court, as MDJ. You don't need an attorney, maybe a paralegal just to help draw the complaint up on a regular form.

The fact that any attorney would take your money and go to the magistrates office should tell you what attorneys are worth... At least he could have directed you to the right Court.

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Beginning-Yak-911 t1_iu1yvd9 wrote

Reply to comment by PGH_LOVER in Sued landlord for security deposit *2, won by default, now landlord appeals & I have to file a complaint?! by Da-OG_karma2000

>This is just like when you hear cases going to the Supreme Court, as they are appealing a lower court ruling.

Not even close, it's a "de novo appeal". Nobody appealed the ruling of a lower court and a magistrate is not a court anyway. It just resets the clock and starts everything from the beginning, and it can go the complete opposite way as well. Including default against the plaintiff for non prosecution.

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Beginning-Yak-911 t1_iu1ym3a wrote

Reply to comment by Da-OG_karma2000 in Sued landlord for security deposit *2, won by default, now landlord appeals & I have to file a complaint?! by Da-OG_karma2000

>How can one court's judgment be rendered moot just by the loser filing an appeal?

Because that's how it works in Pennsylvania and magistrates are not courts of record. You went to the wrong Court to begin with, and your case was too small to even bother about.

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Beginning-Yak-911 t1_iu1y9y9 wrote

Reply to comment by Da-OG_karma2000 in Sued landlord for security deposit *2, won by default, now landlord appeals & I have to file a complaint?! by Da-OG_karma2000

Do you realize the whole episode only exists in your mind? It's just a perception of what you were going to pay for staying in that place, the only physical reality is that someone can file an eviction form at any time. You could have just talked the whole thing up to a little bit more a month than what you thought it was... There's no such thing as a security deposit and no such thing as getting it back either.

Everything your attorney told you was wrong, nobody can advise you to pay one mental number versus another mental. If it was me, I'd have quit paying 2 months before I was going to leave anyway. All they can do is bring eviction, only now the shoe is on the other foot. Now it's you bringing notice of appeal, and paying your rent into the Common Pleas Court as supersedeas bond to keep possession.

You're in this situation because of the backwards mindset of attorneys, who are always going the wrong way up a one-way street. They are illiterate, irrational, and antimathematic

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Beginning-Yak-911 t1_iu1xpj5 wrote

Reply to comment by JAK3CAL in Sued landlord for security deposit *2, won by default, now landlord appeals & I have to file a complaint?! by Da-OG_karma2000

The states law is similar to every other state and it's for the protection of everybody. There's basically no such thing as "small claims court", unless you can reach something which is very specific and fixed in place. I don't know why you'd even assume there was anything for the sheriff to attach on your judgment.

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Beginning-Yak-911 t1_iu1wq1b wrote

Reply to Sued landlord for security deposit *2, won by default, now landlord appeals & I have to file a complaint?! by Da-OG_karma2000

You totally wasted your time with this frivolous MDJ process. The best way to recover a security deposit is by just keeping the rent back until you leave.

This is an impossible task that you have created it's not even worth the effort, and they can just string it along because it's local for them and far away for you. Live and Learn

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