Background: sued person A for assault back in 2023. The attorney used a process server. The process server made multiple attempts to serve person A at their workplace, but they work remote so it failed. The address on file at their work was/is a relative’s (parents). Attorney hired someone else to do digging and also checked LexisNexis and something else. The other hired individual found one local address that also matched what LexisNexis had and what a banking institution had on filing for a mailing address. My attorney sent a certified letter and also posted in the newspaper. The certified letter was signed for. We waited almost a year and nothing was responded to so the judge defaulted the other individual and enforced the judgement amount I was suing for via garnishment of wages. Garnishment set to start the beginning of 2025.

Fast forward, I received a letter from person A stating that they can provide proof they were living in another state at the time and the USPS signature wasn’t theirs and that anyone could sign for it and that this isn’t a legal judgement against them. I’m supposed to file some motion or something to stop and dismiss everything or they will press legal action against me.

My prior attorney has since retired, and I consulted with another one that confirmed yes - anyone can sign for a certified letter and based on what person A provided, the court will most likely favor at their discretion since they can genuinely prove they not only had any zero prior knowledge I would be suing (the incident happened in 2015), but also that they were not even located in the state during the newspaper publication and it isn’t a legal serve.

Consultation basically ended there, but does person A actually have a leg to stand on?