Judgment Appeal Process

Have not encountered Appeal process before. If Magistrate rules for possession granted, there is a 10-day appeal period and a 30-day monetary appeal window for tenant to appeal. Does anyone have experience with this? Are they 2 different filings and if so, what is involved? (While the tenant occupies unit and does not pay.) If a tenant files for both appeals or just one, do I still have to wait out to request an Order for Possession? How long does the appeal process usually take before filing for Order of Possession? Do the courts have a time limit to any of these processes? Your help is appreciated.

--71.112.xxx.xxx

Judgment Appeal Process (by Ed [PA]) Posted on: Oct 12, 2018 5:01 PM
Message:

First work towards getting tenant out. After awarded possession wait the 10 days and go to the MJ to get the Order of Possession, start the process to have the constable get them out.

After 30 days get a copy of the judgement from the MJ and file with the Prothonotary.

If tenant appeals the eviction they are required to put up the money owed with the court and are required to make monthly payments. --100.6.xx.xxx

Judgment Appeal Process (by don [PA]) Posted on: Oct 12, 2018 10:15 PM
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In Philly now I believe that the tenant has ten days to appeal if it is a possession only judgement (rare, as it would have to be a situation where the tenant was paying the rent but violated some other part of the lease) or a combination of money and possession (most common). If strictly a money judgment than 30 days to appeal. In any case, you have to wait ten days before filing for the first writ anyway. If no appeal by end of tenth day file for writ on eleventh. --73.141.xxx.xxx

Judgment Appeal Process (by snowb [PA]) Posted on: Oct 13, 2018 4:43 AM
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Thank you for your responses. In the case of a money judgment, is the tenant permitted to stay in the unit for these 30 days appeal time? Do you know how long the appeal process can drag out (whether possession/combination, or just money) before I could file for possession? I'm "hearing" 90 days to get through the court system. --71.112.xxx.xx

Judgment Appeal Process (by myob [GA]) Posted on: Oct 13, 2018 5:08 AM
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Process in our state is this: if tenant is a no show-- writ of Possession is issued INSTANTA - right then and there. With that said right then and there means applying for it and getting it over to the sheriff to serve-- once served you can call sheriff and schedule a set out.

If tenant appears in court-- judge finds for you - tenant has 7 days to appeal the lower courts decision-- here's the catch-- they can appeal but must pay the rent into the court while the appeal is being processed-- during the appeal time you can't do anything but wait. The deadline is reached for appeal and they haven't appealed- you apply for the writ of posseion with court. Here is where you'll swear you haven't accepted ANY money during the time frame of appeal. Here in our state it's 25.00 for writ of possession and takes about 7 days for the sheriff to get his copy. Once he has his copy you call them to set up date and time for set out. --99.103.xxx.xxx

Judgment Appeal Process (by rentON [PA]) Posted on: Oct 13, 2018 5:57 AM
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If the Tenant files an appeal for possession, basically the whole proceedings start over and you now have to file a complaint with the court. One time we also had a judge accept an appeal from a Tenant AFTER the 10 day appeal period. --174.229.xx.xxx

Judgment Appeal Process (by myob [GA]) Posted on: Oct 13, 2018 6:28 AM
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rentON -- did you file for rent to be paid into court while under appeal? I know many judges who say they know the law and then allow appeals outside the process.

We just had a case I posted (HATE IT #1,2,3,AND 4) Tenant filed appeal after last day -- we marched down and filed our paperwork anyway-- since tenant missed the deadline. We now have property back and re-rented. Took 17 days. --99.103.xxx.xxx

Judgment Appeal Process (by Vee [OH]) Posted on: Oct 13, 2018 6:33 AM
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It isd important to demand the amount owed be paid to the court escrow within the period of the cure/quit notice (here in OH that is a 3 day notice), otherwise ask the court to remain on track with the ejecting (I know PA has a different word than eviction). --76.188.xxx.xx

Judgment Appeal Process (by Nicole [PA]) Posted on: Oct 13, 2018 6:36 AM
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I'm not sure but I believe our time frame has been shortened. It's in the back of my mind that you can now file for possession at your hearing ... no need to wait the 10 days.

how long this can take is a lot longer than 90 days. you're now having a common pleas law suit... that can last months or years. "Upside" is they must be paying the monthly rent to the Prothonotary. Your lawyer then monthly files a praecipe to release those funds to you. --72.70.xxx.x

Judgment Appeal Process (by myob [GA]) Posted on: Oct 13, 2018 8:28 AM
Message:

Nicole here in GA same thing-- can file during the waiting period. Unfortunately the clerk just sits on it because the date hasn't come yet. Hate to file at initial hearing because something tenant will move and surrender home to you. We stress to tenant while waiting-- why not move some some stranger isn't putting your stuff oat or people don't pick it clean -- they do that you know. --99.103.xxx.xxx

Judgment Appeal Process (by snowb [PA]) Posted on: Oct 13, 2018 2:02 PM
Message:

Thank you, all. Nicole, you had mentioned that it could take a lot longer than 90 days--months or years--does that mean that the tenant remains in the unit throughout this process? --71.112.xxx.xx

Judgment Appeal Process (by NE [PA]) Posted on: Oct 13, 2018 2:06 PM
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If they're staying in the unit up to 90 days during the appeal, it's not without them paying rent to escrow. --50.107.xxx.xxx

Judgment Appeal Process (by Ed [PA]) Posted on: Oct 13, 2018 7:10 PM
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The appeal of money judgement is separate from possession, it cannot delay the eviction. If you are on the ball the eviction should not take more than 6 weeks. If they appeal possession they need to pay the court monthly to stay.

--100.6.xx.xxx

Judgment Appeal Process (by TonyT [PA]) Posted on: Oct 14, 2018 2:55 PM
Message:

All your questions are answered in an online PDF booklet. Do a search on the following words:

North Penn Handbook Tenants PDF

...and you'll find it easily. the info you're looking for starts on page 33. --73.52.xx.xxx

Judgment Appeal Process (by don [PA]) Posted on: Oct 14, 2018 5:27 PM
Message:

If a money only judgment, the tenant can stay indefinitely because the LL did not ask for or obtain possession. Thyis would not normally happen unless tenant had already vacated on his own. In any case, the appeals periods and the waiting periods to file the first and second writs with the sheriff run concurrently. You don't wait for the appeal period to end AND THEN start counting the time for the first write of eviction; they both start running when you get the judgment. --73.141.xxx.xxx

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Judgment Appeal Process

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