QUESTION
If we don't get registered mail notices because we were out of down, does that warrant a judgment non pros? Do I have to file a complaint with petiti
Asked on Nov 12th, 2012 on Civil Litigation - Pennsylvania
More details to this question:
i was awarded max judgment in a suit with a rouge contractor by the district judge. The contractor appealed with the court of common pleas. I did not receive the registered mail notices he sent becaue we were travelling and the post office required we be home to sign or pick up at the post office. A default judgment was entered against me for not responding by filing a complaint. I have not even seen his appeal notice yet.
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As a general matter, the duty of a litigant is to provide notice in a manner reasonably calculated to come to your attention. The fact that notice was given in such a manner, even though you were out of town on a protracted trip, means that the other side complied with its duty. A court can reasonably find that your lack of actual notice is irrelevant. However, courts sometimes relieve parties of their defaults when they can show reasonable cause. You should engage the services of an attorney to discuss that process.
Answered on Nov 15th, 2012 at 11:37 AM