Saturday, February 18, 2012

So Dan’s attorney appealed, and we didn’t get paid our diminished value claim yet. The appeal went from the District Justice to the trial court. In other states the District Justice would be referred to a small claims court, District Magistrate or a people’s court. They are courts that deal with claims involving relatively small amounts of money. In PA these courts hear claims up to $12,000.000, for a variety of claims, including auto diminished value. However, the attorney missed a few steps, so I filed a notice to strike the appeal (in PA a notice like this is called a Praecipe). At this point, there are no “fill-in-the-blank” forms to use like the District Justice has and no one at the courthouse to help you. There are papers that must be filed, and deadlines that must be met. As a perfect illustration of how technical this is, Dan’s attorney missed a few critical steps, and as a result we have a chance to stop his appeal in its tracks and enforce the judgment we got from the District Justice on the auto claim for diminution of value. However no decision has been made yet. In my next post I’ll move on to another diminished value case. But and important point is that on appeal, we're not dealing with auto diminished value law, but the rules of civil procedure, which have nothing to do with diminished value.

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About Me

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Before entering the practice of law, the founder, Alfred M. Abel, ran a family business in Northeastern Pennsylvania. After the business was sold, he went to law school and entered the practice of law. As a result of that business experience, he brings a unique perspective to representing clients. Often, a practical, common sense solution is quicker and more beneficial than a protracted, legal battle. After working for a firm in Philadelphia, he started his own law practice in 1982. The focus of this practice has been representing individuals, families and businesses in the areas of Real Estate, Business, Personal, and Corporate Bankruptcy, Debt Collection, Import and Export cases, Personal Injury, Wrongful Death, Professional Negligence, Consumer Protection, Wills, Estates, Trusts, and Entertainment. He has been married for 20 years and has one daughter. Bar Admissions: Pennsylvania, 1981 U.S. Federal Court, 1981 Federal Courts - Third Circuit Bar Associations: Pennsylvania Bar Association Montgomery County Bar Association Philadelphia Bar Association