Hi all,
Not asking for legal advice, but I’m curious if anyone’s had success presenting this kind of delay in small claims court. Do timelines and emails like this come across clearly to judges, or is there a better way to frame it?”
I’m in Pennsylvania and planning a small claims case against my former divorce attorney. Looking for advice on whether this is reasonable and how best to present it.
- I mailed my waiver/consent/PSA on Feb 28. Attorney confirmed receipt Mar 3.
- By Mar 19, she had the fully signed PSA from both parties.
- PA practice allows the PSA, praecipe, waivers, and affidavit to be filed together. Instead, she waited. Pa.R.C.P.1920.42(c)
- She did not mail the PSA and praecipe until May 6 — nearly 7 weeks later.(after I called the court and asked her why she hadn’t yet. She did immediately that day)
- During that gap, I kept paying APL at $544 per paycheck, about $2,720 total, that should have ended once the divorce was finalized.
- Emails show her giving inconsistent reasons (at one point saying my ex “still needed to sign,” even though she had confirmed receiving the PSA on Mar 19).
- June 4 letter from the Chester County court shows the praecipe was only deficient for not citing the PSA paragraph/page — not because stamped waivers were missing. This confirms my attorney could have filed everything together back in March.
I have:
- Full email chain showing the timeline,
- Paystubs with continued APL deductions,
- Court calculation sheet confirming the APL amount.
Questions:
- Is this a solid basis for small claims in PA?
- What’s the best way to present the timeline and proof so the judge sees the gap clearly?
- ***What defenses might she try (e.g. mail delays, waiting for stamped copies) and how should I counter those?
Thanks in advance for any feedback before my Oct 1 hearing.
Location: Chester Country Pennsylvania
Comments
Nal but I feel that suing a lawyer will not end well for you. I fell like they will be able to postpone/delay/push all hearings until it either costs you more then you will gain or until you are tired of fighting for $2700.
It might not even be able to bring a legal malpractice claim in small claims court. They might not have subject matter jurisdiction. Generally, legal malpractice claims require additional barriers of entry to be able to file a case. I think Pennsylvania requires a certificate of merit, which requires you to get another attorney stating that this was malpractice. That’s not cheap. You’ll probably spend more getting that than you hope to gain here.