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    Harmony10's Avatar
    Harmony10 Posts: 1, Reputation: 1
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    #1

    Oct 7, 2010, 10:42 AM
    My husband had a default judgment filed in Pennsylvania in 2004.
    He was not in the USA when served to someone who was temporary in my house and was speaking French ONLY ! I drafted a document to the court asking to vacate the judgment - but never got anything from them. We want to start making payment again - this is a student loan (private) 0 however the attorney in charge states that the loans who was originally 17000 is now 52000 - how can ? We need help. Thanks.What are the time limits in PA to appeal this judgment ? Thanks.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Oct 7, 2010, 11:19 AM

    That's not uncommon with legal fees and interest. Also, fees build up in 6 years.

    Did you actually go to Court and ask to see the file, argue improper/insufficient service or write a letter? Obviously writing a letter will/did change nothing.

    What your grounds for appeal? After six years I very much doubt that that appeal would be granted.

    The papers served on him would have also been mail to him - are you saying that you NEVER got a copy of any of the papers? It would be interesting to see what the Affidavit of Service says concerning a person who spoke "only" French, could not identify himself, didn't understand that he/she was being given papers for another person. A person of legal age (and a few other minor things) CAN be served with legal papers for another person.

    If you want to attempt to set this aside you need to go to Court and ask to see the file, check the Affidavit of Service, make a motion to set it aside IF it is improper. Will the Court rule in your favor? I have no idea.

    Are you protesting now because of the dollar amount OR because you just found out about it?
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