false papers

[grrrrz]

(only U.S. law)? Penna.
How can a Judge rule against me in a small claim court.,when i didn't know that I was being sued, no papers or summons was mail to me and none were delivered to me in person..The company lied on an a swored affidavit saying they deliver this to me in person and has my description as 5ft 1" around 150lb..in my fiftys..I am 5ft 7"over 200 in my 60ys. I got a ruling from the judge in there favor.a case I never knew I was being sued. so I pertition judgement stating these facts and the Judge says he will not hear my case. Now the company wants me to sign papers and fill out my ss#,checking acct# savingacct#CDs,,stocks, vehicle..social security benefits amount and etc
The letter I owed this credit card that was taking out in 2002. and now in 2010 this collection company takes me to court.How do I fight this..I am a senior citizen on SSD. what are my options or advise

thank you

 

[George1776]

(only U.S. law)? Penna.
How can a Judge rule against me in a small claim court.,when i didn't know that I was being sued, no papers or summons was mail to me and none were delivered to me in person..The company lied on an a swored affidavit saying they deliver this to me in person and has my description as 5ft 1" around 150lb..in my fiftys..I am 5ft 7"over 200 in my 60ys. I got a ruling from the judge in there favor.a case I never knew I was being sued. so I pertition judgement stating these facts and the Judge says he will not hear my case. Now the company wants me to sign papers and fill out my ss#,checking acct# savingacct#CDs,,stocks, vehicle..social security benefits amount and etc
The letter I owed this credit card that was taking out in 2002. and now in 2010 this collection company takes me to court.How do I fight this..I am a senior citizen on SSD. what are my options or advise

thank you

Did you even know a trial occurred? Did you attend the trial? When was the date of the judgment?

 

[grrrrz]

I did not know that of a trial, only found out when I was mail a judgement against me..and the court date according to the papers was on 12/06/10. I receive ruling against me 12/8/10 I file petition against Judgement because, I never new i was being sued by this collection agency company.I never heard of them and never talk to them. and the judge I dont have enough merit to proceed to hear me out. thats seems unfair. why do I have to pay when I wasn't there to plead my side.if I knew I was being sued..I could of been there to plead my side.

 

[latigo]

If all this is all so and provable, then you are certainly entitled to relief from the default judgment. In the absence of service of process the court had no jurisdiction to default you.

Plus if the return of service was deliberately falsified, extrinsic fraud was committed upon the court. Which is in itself grounds to set aside the judgment.

However, the question is whether or not you made a proper and timely motion to strike or set aside the default judgment. All you tell us is that you “filed a petition” and apparently the judge refused to hear it. Which could mean a number of things such as deficiency in the form of your application, lack of service on the opposing party, etc.

Pennsylvania laws on the subject are somewhat different that others and also difficult to search on the www. I suggest that you consult with local counsel that is familiar with the process.

 

[latigo]

Did you even know a trial occurred? Did you attend the trial? When was the date of the judgment?

Curiously, how could the OP have attended the trial, when he clearly states:

I didn't know I was being sued.

(Do you reckon that he might have stumbled into the courtroom while looking for the powder room?)

His total unawareness of the pending proceedings happens to be the crux of his legal dilemma. And as of date you seem to have nothing to offer towards a resolution.