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TimothyHH

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What do you do when you think the process server lied?
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. 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.

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If you legitimately owed the original $900, pay the $1,400 with the provision that the judgement be expunged from your credit file, if possible. Otherwise, hire a lawyer, wich will probably cost you more than $1,400.

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