Filing a Writ of Summons is a simple and common way to begin a lawsuit.
A Writ of Summons is an official legal document “summoning” a person to appear in court. If you received a Writ of Summons in Pennsylvania, someone intends to file a formal complaint against you—in other words, a lawsuit has begun. Anyone seeking to send another party a Writ of Summons in Pennsylvania must initiate the process in the Court of Common Pleas.
If you receive a Writ of Summons, you should consider it a notification that another party intends to file a legal complaint against you, but it does not mean the court has made any judgments on the case yet.
What Is a Praecipe for a Writ of Summons?
In Pennsylvania, a praecipe for a Writ of Summons is a document a plaintiff fills out to take legal action against another party. After the writ is processed and signed by the Clerk of Courts and the sheriff’s office, the defendant will receive the document in the mail. The writ serves as a notification that an action has been taken against him or her, but it will not detail the nature of the complaint or further details about the case.
You can acquire a Praecipe for a Writ of Summons at the office of the Prothonotary or Clerk of Courts for $40.25 plus an additional $30 to file. The praecipe only requires that you include your name and address, and the name and address of the party you are filing against.
What Happens After the Praecipe Is Filed?
After the praecipe for the Writ of Summons has been filed, the plaintiff or their attorney files a formal complaint. The purpose of the Writ of Summons is to notify the defendant ahead of time that legal action is being taken against them, whereas a formal complaint details the nature of the offense. When you file a complaint, you will describe in writing the offense and how much monetary reparation you seek from the defendant.
If you file a Writ of Summons but do not subsequently file a formal complaint, the lawsuit will not progress.
After this step is complete, the Magisterial District Judge will set a court date. You must provide the defendant with the complaint paperwork, but there are a few different ways to do it.
You can deliver a formal complaint to a defendant by:
- Asking the clerk to mail it
- Asking the sheriff to serve it
- Delivering it personally
How to Respond to a Writ of Summons
If you are the recipient of a Writ of Summons, you may serve the plaintiff a Rule to File a Complaint. This will require the plaintiff to file a formal complaint no later than 20 days after the Writ of Summons was served. If he or she fails to do so within that time frame, you—the defendant—will enter a judgment of non pros. This means that a judgment has been made in your favor, since the plaintiff did not continue to take legal action against you.
Another way that a Writ of Summons can become void is if the sheriff’s office does not serve it. A Writ of Summons must be served within 30 days after filing. If the sheriff’s office does not serve the writ within this time frame, the writ will essentially expire. In such a case, the praecipe will have “tolled the Statute of Limitations” and become inactive. However, the prothonotary can reissue the writ. According to Pennsylvania law, he or she can reissue the complaint “at any time and any number of times.”
Get Help with a Writ of Summons
Although the praecipe for a Writ of Summons and filing a formal complaint are simple and easy to access, navigating a lawsuit can be complicated. We recommend working with an attorney to take legal action against another party. Since 1922, our Pennsylvania personal injury lawyers have recovered tens of millions of dollars for plaintiffs. Our familiarity with the injuries you’re facing and with the courts in Harrisburg, Carlisle, Hanover, Lancaster, and York make us a vital source of answers and guidance.
If you aren’t sure how to proceed with a lawsuit, contact Handler, Henning & Rosenberg LLC about setting up a free consultation. We discuss every caller’s concerns and questions while giving our professional opinion about how to proceed—all for free.
Call us at (888) 498-3023 today.