Can I appeal my judgment?
- You can only appeal a Municipal Court judgment if you went to your court hearing, had a trial before a judge and the judge ruled against you.
- If you went to your Municipal Court hearing and signed a Judgment by Agreement, then you have to follow the agreement.
- If you missed your Municipal Court hearing, file a Petition to Open instead.
How do I file an appeal?
- File on time.
- You have 10 calendar days to appeal a judgment for possession (eviction).
- You have 30 calendar days to appeal a judgment for money only.
- File the appeal.
- In person
- Call 215-686-6652 or 215-686-6653 to get assistance filing online or to schedule an appointment to file the Appeal and IFP in person at City Hall Room 296.
- If you are low-income, ask to file In Forma Pauperis (IFP) to file your appeal for free.
- Escrow your rent.
- If you want to stop an eviction during the appeal, you must pay your rent each month to the court. If you are low-income, you may pay 1/3 of your rent at the time you file the appeal and then pay the remaining 2/3 within 20 days.
- If you are not low-income, you must pay 3 months of rent to the court when you file the appeal or the amount of the Municipal Court judgment for rent.
- Initial rent payments can be made online when filing the appeal. Ongoing rent payments should be made at City Hall Room 296.
- Serve the court papers.
- You must serve your landlord by personal service.
- Private Server Have someone over 21 who is not a family member deliver the stamped court papers to the landlord and then fill out an Affidavit of Service. The court can give you the Affidavit. File the completed Affidavit in City Hall Room 296 or online.
- Sheriff Server If you filed an IFP and it was granted, you can take the stamped court papers to the Sheriff at 100 S Broad St, 5th Fl for service free of charge.
- If your landlord is out-of-state, you may serve the landlord by certified mail.
- Send the stamped court papers and IFP to the landlord by certified mail, return receipt requested (approximately $8).
What should I expect after I file an appeal?
- Review the Case Management Order
- When you file your appeal, the court will give you a case management order.
- Put the dates of your Settlement Conference and Trial in your calendar.
- After getting served, your landlord has 20 calendar days to file a Complaint.
- Answer to Complaint.
- After your landlord serves you with the Complaint, you have 20 calendar days to file an Answer in City Hall Room 296. Your Answer should respond to each of your landlord’s claims against you. You must also mail the Answer to the landlord or landlord’s attorney.
- Settlement Conference.
- You will have the opportunity to negotiate a Settlement Agreement with the landlord.
- Settlement agreements are final and cannot be changed. If you do not agree with the terms of agreement, do not sign anything!
- If you do not reach an agreement during the settlement conference, you will have a Trial in front of a judge. Bring all your documents and witnesses.