I've posted here before, but now my case has come to this:
It's a PA state debt default judgment (2004) against me by Drexel University for $20k+.
They domesticated it to New York (2006), where I live.
I was unaware of the case the whole time until my bank got garnished last November 2015.
After obtaining the PA court files, I realized that while they did serve to my address in New York (after serving to many bogus addresses in PA and NY), the return receipt is not signed by me. I do have a roommate at the time. I am guessing maybe he signed it but doesn't give me the mail, as he was not a very organized guy.
During the hearing in NY court, the plaintiff claims that the service is valid. And the court attorney seems to be siding with them, but the judge just wants us to settle. However, Drexel wouldn't settle for anything less than $20k, so it's up to the judge to decide, which is sometime next week 9/6.
I just want to get some feedback about this: I've read PA civil Code Rule 403,405, saying that the mail service must be signed by either the defendant or HIS AUTHORIZED AGENT. Shouldn't they be required to prove that whoever signed my mail is authorized by me? Even if it's by my roommate. How could they just say that anyone who signs it at the right address is counted proper service? Then I just cluelessly got hit by a default judgment?
These few months have really been a headache. Please advice.
Thank you for all your attention and help, and thanks to those who've helped me before.
It's a PA state debt default judgment (2004) against me by Drexel University for $20k+.
They domesticated it to New York (2006), where I live.
I was unaware of the case the whole time until my bank got garnished last November 2015.
After obtaining the PA court files, I realized that while they did serve to my address in New York (after serving to many bogus addresses in PA and NY), the return receipt is not signed by me. I do have a roommate at the time. I am guessing maybe he signed it but doesn't give me the mail, as he was not a very organized guy.
During the hearing in NY court, the plaintiff claims that the service is valid. And the court attorney seems to be siding with them, but the judge just wants us to settle. However, Drexel wouldn't settle for anything less than $20k, so it's up to the judge to decide, which is sometime next week 9/6.
I just want to get some feedback about this: I've read PA civil Code Rule 403,405, saying that the mail service must be signed by either the defendant or HIS AUTHORIZED AGENT. Shouldn't they be required to prove that whoever signed my mail is authorized by me? Even if it's by my roommate. How could they just say that anyone who signs it at the right address is counted proper service? Then I just cluelessly got hit by a default judgment?
These few months have really been a headache. Please advice.
Thank you for all your attention and help, and thanks to those who've helped me before.
Defenses: Is Service of Mail Signed by Someone else Valid, Eventhough It's the Same Address
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