What can I do if my complaint notice was not sent to me? 1 Answers as of August 03, 2011I recently won a Judgment by Default in a Civil case against Plaintiff Capital One Bank. Their Attorney's filed an appeal and I was mailed a Notice of that Appeal from there Attorney's; that showed a copy of the Original from the Commonwealth Of Pennsylvania Court Of Common Pleas. I was not mailed a copy of the Complaint with a Notice to respond and file an Answer. I typed in the Common Pleas No in to The Department Of Court Records in Allegheny County PA. A docket entry showed that Service Of Complaint was mailed to me by The Department of Court Records Civil Division. I asked them about this and they sent me an email stating that, local rules call for the complaint to be sent by regular mail once an appeal is filed. Since it was sent by regular mail and not certified, it has become lost and I spent most of the time trying to find a record of the complaint, to see what has been set forth against me. My question is: how can I respond to a complaint if I do not have a list of the complaints in my possession, if it is delivered to the wrong address and its not delivered back to sender, it will remain lost and unclaimed. Are they correct in stating that it must be sent regular mail? On the Notice of Appeal itself, it states; "You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty days after the date of service of this rule upon you by personal service or by certified or registered mail. Contradicts what they told me. I would appreciate any clarification in this matter.
Law Office of John C. Farrell, Jr. | John C. Farrell, Jr.
In Massachusetts if someone is sued then the complaint can be served by mail or by a process server on anyone 18 years old and older. One served you are given 20 days to respond in the form of an answer or motion. If you were not properly served you can possibly file a motion to vacate the judgment do to ineffective/improper service of process. I would suspect the same would apply in PA but you should check with a local attorney or the clerk of court may be able to direct you.
Answer Applies to: Massachusetts