How long does a default judgment take in pa

Pennsylvania Code & Bulletin

C OMMONWEALTH O F P ENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 3772 (June 29, 2024).

• No statutes or acts will be found at this website.

The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 3772 (June 29, 2024).

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Previous Doc Chapter 1021 Contents Title 25 Contents Full Screen Previous Doc Chapter 1021 Contents Title 25 Contents Full Screen 25 Pa. Code § 1021.76a. Entry of default judgment. 25 Pa. Code § 1021.76a. Entry of default judgment.

§ 1021.76a. Entry of default judgment.

(a) The Board, on motion of the plaintiff, may enter default judgment against the defendant for failure to file within the required time an answer to a complaint that contains a notice to defend.

(b) The motion for default judgment must contain a certification that the plaintiff served on the defendant a notice of intention to seek default judgment after the date on which the answer to the complaint was due and at least 10 days prior to filing the motion.

(c) The filing of an answer to the complaint by the defendant prior to the filing of a motion for default judgment by the plaintiff shall correct the default.

(d) When default judgment is entered in a matter involving a complaint for civil penalties, the Board may assess civil penalties in the amount of the plaintiff’s claim or may assess the amount of the penalty following an evidentiary hearing, as directed by the Board, at which the issues shall be limited to the amount of the civil penalties.

Comment : This rule is modeled after Pa.R.C.P. 237.1 and 1037.

Source

The provisions of this § 1021.76a adopted October 16, 2009, effective October 17, 2009, 39 Pa.B. 6035.

Cross References

This section cited in 25 Pa. Code § 1021.74 (relating to answers to complaints).

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