[pdemby]

Hello,

First I would like to say thank you for your many post of which I have read.

My friends situation

A Judgment by default was filed against my friend in Philadelphia. She received mail of the case and did not respond, thus a default judgement was issued. The notice of service states on 7/19/06 at 9:15pm the notice was accepted by a male family relative whose age is 30, height was 5'10'', weighing 165lbs. Additionally, while the street address is correct on the affidavit of service there is no apartment number. She lives in an apartment building.

She lives alone, was 37 back in '06 and she weighs 263lbs. The notice is bogus. Is this grounds for a motion to vacate the judgement based on improper service being that she lives alone and always have?

The judgment is for a large (>$40,000) student loan promissory note. I assume the student loan falls under contracts law. The student loan went into default in or about 2000. She graduated in 5/99 and never made a payment. According to the statue of limitations for the state of PA the statute of limitations for contracts is 4 years.

Now based on the judgement in PA they are suing her in NY where she now lives where the statute of limitations is 6 years for contracts.

Can she win a motion to vacate the judgemen in Philadelphia citing improper service and expiration of the statute of limitations in PA thus removing the grounds for the judgement being sought now here in NY?

I thank you in advance of any advice offered.

[Fr_Chuck]

I believe you will find student loans ( if this is a government one) will not have the same SOL as regular debts.

And while they may get this judgement set aside, ( but hard to prove she did not have a vistor that day)

[pdemby]

To answer your inquiry. This student loan is a private loan unlike her other loans that have already ben consolidated via the William D. Ford Federal Direct Loan Program. My friend is originally from Virginia and has no family in New York.

My assertion is that if the judgement is vacated in Philadelphia based on the statute of limitations then the issue of receiving notice should be a miner point but I am open to a qualified opinion.