How to Serve a Defendant Personally

[tony17112acst]

My question involves small claims court in the state of: PA

I have a judgment against a former tenant from a few years ago, however she now claims she was never served and consequently never knew of the hearing, or the judgment and will now try to vacate(?) it.

I am now suing her for something different; the non-payment of rent. The constable has served her and there is a court date now set in two weeks. However, she will likely say that she was never served just to make things harder form me.

I asked the District Justices office while there, and the ladies there treated me like a fool. They said that the constable will drop off the Civil Action Hearing Notice even if the defendant isn't there to accept it ...and I would win a judgment even if she never knew. I told them I do not want a judgment where she never knew of the hearing, I want one where she indisputably knew of the court hearing.

Does anyone know of anything I can do that would guarantee (in the eyes of any court) that she knows of the civil action hearing?

I have emailed her yesterday and already she has replied that she has no knowledge of being served by the constable. I'm guessing the constable gave the papers to a relative, as this household has a lot of members/generations in it.

Thank you in advance! -Tony

[Mr. Knowitall]

If the constable effects lawful service, she's served.

[tony17112acst]

Thanks for your reply.

I do know that ...but it's not my question.

Being served can result in a judgment where the defendant never knew of the hearing, the notice, or even the judgment. I'm looking to AVOID the tactic by the defendant to claim she never knew of the service by the constable.

For example. If someone is served and lives with a boyfriend who is breaking up with her, it's possible that the boyfriend could have been served and never told the girlfriend about it. If they are angry with each other, the boyfriend may not let the girlfriend know about the papers being served on purpose.

I'm looking for a way to avoid this mess. I DO UNDERSTAND that she was lawfully served, but being lawfully served doesn't solve my problem.

[flyingron]

And how is your testimony that you served her going to be any more persuasive than an impartial officer of the commonwealth?

[tony17112acst]

An impartial officer of the Commonwealth will indeed tell the truth. However, if he did not hand the papers to the defendant personally, I do not expect him to lie and say that he did.

My whole point and question is: is there a way to have the papers handed to the defendant personally ...not to a relative, not to a roommate, etc. The problem is that the defendant can (and sometimes justly) say that she never received it!

I understand fully that she is effectively served if it is handed to her mother or roommate. If it WAS handed to a roommate, and thrown away, then my judgment is useless if it is true that she never received it in reality, creating many more legal fees.

I dont know what else to say.

[Mr. Knowitall]

If you want a process server to keep visiting until he can place the document into her hot little hands, you are free to pay him whatever it takes to accomplish that end. That could be hundreds, thousands of dollars... but I expect you'll get it done.

[free9man]

And still won't stop her from trying to claim improper service. Will she win? Probably not. Could the court make her pay your atty fees for fighting it? Maybe. Will it waste more of your time, by extension money cause time is money? Yup.