Jump to content

Philadelphia Process Server Forged Document?


Recommended Posts

I received a letter from the Municipal Court of the city I reside in (Philadelphia, PA) informing me that a default judgement had been entered against me for charged off debt stemming from a Banana Republic credit card (GE Capitol Retail Bank), now being handled by the folks at Portfolio Recovery Associates. The notice of default judgement was the first I had ever heard about a court case. I found all the relevant court documents online, including a copy of the affidavit of service from the process server.

 

According to the affidavit, it was given to a man claiming to be in charge of the residence but refused to give his name or relationship to me. The physical description does not even come close to the description of anyone who lives with me. Further, given the time noted on the affidavit I am 95% sure I was actually home at the time. What is my next step? I've found plenty of information stating that improper summons can be grounds to have the judgement thrown out, but what do you do when suspect the process server of forging the document (or just giving it whomever happened to be walking in front of my house at the time and decided for fun to identify himself as being in charge of the household?? I have no idea...).

 

The final kicker... somehow the amount owed went from $900 to $1400 during the course of the default judgment being entered against me.

 

Any help would be much appreciated.

 

Tim

 

PS - Sorry for the double post!

Link to comment
Share on other sites

Read the Rules of Procedure for your state. Somewhere in the early part it gives the proper service by a process server. The amount added is the atty fees and /or interest. If you were never served and never received the summons then you were probable sewer served.

Federal Rules of Civil Procedure

Motion from Relief Rule 60©   To obtain relief under Fed R.Civ.P, 60(B)(3) the movant must

(2) state that he was prevented from fully presenting before judgment

3. Because of the adverse party's fraud , misrepresentation, or misconduct.

 

Someone from your state should weigh in soon to help.

Link to comment
Share on other sites

In Rules of Procedure, could not find much on improper service, but found this. 

 

File a motion with the court to ask  the judge(listed on the judgment)to set aside the judgement based on improper service.  Simply explain , you were never served or would have answered the summons.Make three copies, one for the court , you and one to mail the atty. The court will time stamp all three.  You put at the end of the motion the date and that you certify you will mail on that date to the atty at their address, and sign. If your spouse if listed they sign too.

 

Make sure the case number is on the motion. If you need more help ask, you should file this Monday!!

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.