Q: How do you file a praecipe for a writ of summons in trespass in allegheny county?

A: The filing of a praecipe for a writ of summons is one of two ways to start a lawsuit. The praecipe for a writ is a simple form and can be picked up at the office of the Prothonotary or Clerk of Courts. The praecipe for a writ is completed with the names of the parties and gets signed. It is then filed with the Prothonotary or Clerk of Courts of the applicable county, and a fee is paid. The Prothonotary or Clerk of Courts then issues the writ and delivers it to the sheriff for service on the defendant. There is paperwork that must be completed for delivery to the sheriff when the praecipe for the writ is filed, and the sheriff will also have fees. If the writ is not served, it does not toll the statute of limitations, which means it is pretty useless until it is actually served. However, if the writ expires for non-service, it can be "re-instated" any number of times before the statute of limitations expires.

Once the writ is served, a defendant may choose to serve the plaintiff (in this instance, you) with a Rule to File a Complaint. You then have a limited time to file a detailed, formal Complaint. If you do not, the case can be dismissed and your work and fees will be useless. Furthermore, it is highly unlikely that you could proceed to prepare your own Complaint and proceed with a lawsuit without the help of a lawyer.

In other words, this is a long-winded answer to tell you that, although your question appears simple, it is just the beginning of a complicated process for which you need a lawyer.