Undeliverable Legal notice

My former employer has recently come to know that I am still working for his client (via another vendor) and has been sending emails that he wishes to aggressively enforce the non compete copying his legal counsel in his emails. I have decided to ignore such threats and thought i will wait for the legal notice to come and then take necessary action. However I just relocated without providing a forward address. I dont receive any mails addressed to my old home. And my former employer does not have my new address which means i will never receive the legal notice !!

Question: Can he get a default judgement without serving the legal notice ?? I am sure he cant but would like to hear a confirmation.

-Thanks

1 answer  |  asked Nov 6, 2005 8:16 PM [EST]  |  applies to Pennsylvania

Answers (1)

Christopher Ezold
Yes, he can obtain a default judgment.

Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.

That being said, your former employer can obtain a default judgment against you if you cannot be located for service. Initially, your employer would attempt to have you served at your work address; if that was not possible, and you could not be found elsewhere, service would be made by publication in a newspaper. If you did not respond, the case would proceed without you and end up with a default judgment that likely could be enforced against your new employer, preventing you from working. Attempting to open a default judgment after wilfully ignoring process would be very difficult.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.

/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com

posted by Christopher Ezold  |  Nov 7, 2005 08:03 AM [EST]

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