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