Hannah Locklear | August 01, 2024
Fact-checked by George Simons, JD/MBA
George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD/MBA. In his spare time, George likes to cook, because he likes to eat.
Summary: You have 20 days to respond to a debt collection lawsuit in Pennsylvania before you lose by default. There is no fee to file, but some courts have special filing requirements that you should know. You can use SoloSuit to draft and file your Answer in 15 minutes and be assured that all Pennsylvania rules are being followed.
“Man, I am really psyched to talk to this debt collector again on the phone!” — said no one ever.
Getting sued for a debt that has gone to collections is definitely no picnic, but it doesn't necessarily have to be a traumatic experience. While facing a debt collector can be frightening, under PA debt collection laws, you have legal rights that protect you from debt collectors who act unfairly or abusively. The Fair Debt Collection Practices Act also protects you.
In addition, SoloSuit is here to help you get through the process of responding to a debt lawsuit in Pennsylvania as painlessly as possible. In this guide, you'll get the information you need to meet key deadlines, properly respond to your Summons, get debt collectors off your back, and maybe even end up paying less than you were anticipating.
Sued for debt in Pennsylvania? SoloSuit can help you file an Answer into your case before the 20-day deadline.
Start my Answer.Under the Pennsylvania Rules of Civil Procedure, Rule 1007.1(a) states:
“In any action in which the right to jury trial exists, that right shall be deemed waived unless a party files and serves a written demand for a jury trial not later than twenty days after service of the last permissible pleading. The demand shall be made by endorsement on a pleading or by a separate writing.”
This means that you have 20 days to respond to a debt collection lawsuit in Pennsylvania if you want to fight back.
While this is definitely plenty of time to submit a response (known in legal terms as an “Answer”), it is always in your best interest to respond as soon as possible. The worst thing you can do is ignore the Summons and Complaint.
If you happen to miss the 20-day deadline to answer your debt collection Summons, on the 21st day you will then receive a 10-Day Notice. This is a final reminder that you have not yet answered or objected to the complaint. After this, if 10 additional days pass and you have not yet responded, the plaintiff's attorney will file a Motion for Default Judgment.
This is the last thing you want to happen. If a default judgment is granted, you will automatically lose your case. The judge will enter a judgment against you and award the plaintiff the amount they asked for. This is true even if a mistake was made or you do not owe as much as the creditor claims, so it's best to answer by the deadline.
Pennsylvania does not have an official form you can use to answer a Summons.
But don't worry: you can use SoloSuit's Answer form to prepare your response in just 15 minutes. We'll even have an attorney review the document, and we will file it so you know everything has been done right.
Here's a sample of SoloSuit's Answer form, so you know what yours will end up looking like.
If you prefer, you can also write up your own Answer. If you decide to do this, you will need to send it to both the court and the opposing attorney. (There are instructions on how to do this later in the guide.)
Great news! You don't have to pay to file your Answer in Pennsylvania in most courts.
However, there are some exceptions to this rule. For example, The Court of Common Pleas of Philadelphia charged $154.54 to file an Answer to a Summons and Complaint. If you cannot afford to pay the fee, you can apply for a fee waiver. Just fill out your court's fee waiver form.
If you try to send your Answer to the court without paying the filing fee, it will be rejected. Make sure you check the filing fee schedule for your court before taking any action. Luckily, there is no fee in most courts.
When you get sued for debt in Pennsylvania, you should receive a Pennsylvania Summons and Complaint document in the mail. The Summons notifies you of the lawsuit, while the Complaint lists the specific claims being made against you. You must respond with an Answer document before 20 days have passed since you received the court documents.
To set up your document, start by putting all of the information included in your Complaint and Summons at the top of your Answer document. Don't skip anything: this information, known legally as “styling” must be included within your Answer document.
The information at the top of your Answer document should include:
After you've set up the formatting of your Answer, you're ready to add the content that will help you present a strong case to the court.
Follow these three steps to respond to your Pennsylvania debt collection case:
The language is a little technical, but below we will explain in detail how each step works. Don't like reading? Watch this video instead:
If answering the complaint makes you feel anxious, you are definitely not alone, but by following the simple instructions below, you can get through it with no sweat.
Rule 1029(a) of Pennsylvania Rules of Civil Procedure states:
“A responsive pleading shall admit or deny each averment of fact in the preceding pleading or any part thereof to which it is responsive. A party denying only a part of an averment shall specify so much of it as is admitted and shall deny the remainder. Admissions and denials in a responsive pleading shall refer specifically to the paragraph in which the averment admitted or denied is set forth.”
In other words, the first section of your Answer document should focus on responding to each claim (also known as averment) listed in the Complaint.
Start by reading through the numbered paragraphs on the Complaint to make sure you understand the details of the claims against you. You should create a corresponding list where you answer each claim with one of the following responses:
If you're like many people, you may be wondering if there is a strategy you need to use to answer the accusations in a Complaint. Ideally, you should avoid overthinking it and answer honestly. If an accusation is incorrect, disagree. If it is correct, agree. If you are truly unsure, state that you don't know.
Most attorneys recommend denying as many claims as possible, if not all. When you deny everything, it is known as a General Denial. With this type of response, the burden of proof is transferred to the opposing counsel and they will have to prove that each of the allegations against you is true.
Respond to each claim in the Complaint in fifteen minutes with SoloSuit.
Once you've responded to each claim from the Complaint, it's time to assert your affirmative defenses.
An affirmative defense is any legal reason that the person or company suing you does not have a valid case against you. There are many affirmative defenses, and one or more may apply to your case. You should list each affirmative defense that applies to your Answer and, if necessary, explain it.
In Pennsylvania Rules of Civil Procedure, Rule 1030(b) states:
“All affirmative defenses including but not limited to the defenses of accord and satisfaction, arbitration and award, consent, discharge in bankruptcy, duress, estoppel, failure of consideration, fair comment, fraud, illegality, immunity from suit, impossibility of performance, justification, laches, license, payment, privilege, release, res judicata, statute of frauds, statute of limitations, truth and waiver shall be pleaded in a responsive pleading under the heading 'New Matter.' A party may set forth as new matter any other material facts which are not merely denials of the averments of the preceding pleading.”
This is simply a list of affirmative defenses with their fancy, and confusing, legal names. Below is a list of examples of affirmative defenses that are often used in debt collection cases (in simplified language):
Now, let's take a look at an example.
Example: Janet is being sued by a debt collector for a credit card debt in Pennsylvania. Her debt is so old that Janet doesn't even remember it. After doing some research, Janet learns that she hasn't made any payments on this credit card account for more than five years. This means that the debt is past the statute of limitations on credit card debt in Pennsylvania, and she cannot be sued for it. Janet uses SoloSuit to draft and file her Answer, where she mentions that the debt's statute of limitations has expired. The case is reviewed and dismissed.
Make the right affirmative defense the right way with SoloSuit.
To learn more about how statutes of limitations work, check out SoloSuit's Statutes of Limitations on Debt Collections by State guide. Something important to keep in mind is that an inability to pay your debt does not typically qualify as an affirmative defense. The exception to this is if your debt was discharged because you previously filed for bankruptcy. If this is your situation, make sure you have documentation showing that the debt was discharged.
Once you've completed your Answer, you have one step left to go, but it's an important one so don't forget it.
Before you ship off your Answer, you should include a Certificate of Compliance at the end of the document.
The Certificate of Compliance certifies that the person filing a document has followed Pennsylvania rules on filing confidential information and documents differently than non-confidential information and documents. An Answer is generally a non-confidential document.
SoloSuit’s Answer form includes the Certificate of Compliance for Pennsylvania cases. It looks something like this:
“I certify that this filing complies with the provisions of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts that require filing confidential information and documents differently than non-confidential information and documents.”
Now, you're ready to file. Here's what to do to officially file your Answer:
Make sure to look up the correct mailing address of the court listed on your Summons and Complaint. It can be a pain to find, it's a good idea to mail both copies using the United States Postal Service's Certified Mail and to request a receipt confirming that it was delivered. This will give you proof that all required parties received your Answer.
Once you receive your receipt, take the time to make a copy of your Answer document and your receipt. In addition, take a photo of it with your phone's camera so you always have proof that your Answer was delivered.
SoloSuit files for you and even has an attorney review your document.
You can ask your questions on the SoloSuit forum and the community will help you out. Whether you need help now or are just looking for support, we're here for you.
Ask a Question.>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)
The state of Pennsylvania typically has a 4-year statute of limitations for most debts.
This means that the credit card debt statute of limitations in Pennsylvania is four years. It also means that if your last payment on your debt was more than four years ago, a creditor cannot legally sue you. If they do, they are in violation of the statute of limitations.
Regardless, creditors will still try to sue you beyond the statute of limitations and many succeed. Remember that in order to avoid being held responsible for the debt, you need to bring up the expired statute of limitations as an affirmative defense in your Answer.
The table below further outlines the statute of limitations on different types of debt in Pennsylvania:
Debt Type | Deadline |
---|---|
Credit Card | 4 years |
Medical | 4 years |
Student Loan | 4 years |
Auto Loan | 4 years |
Personal Loan | 4 years |
Mortgage | 4 years |
Judgment | 4 years |
Source: 42 Pa. C.S. § 5525 |
Now, let's take a look at what the law actually says. Title 42 of Pennsylvania law, Section § 5525 states:
“General rule. Except as provided for in subsection (b), the following actions and proceedings must be commenced within four years:
(1) An action upon a contract, under seal or otherwise, for the sale, construction or furnishing of tangible personal property or fixtures.
(2) Any action subject to 13 Pa.C.S. § 2725 (relating to statute of limitations in contracts for sale).
(3) An action upon an express contract not founded upon an instrument in writing.
(4) An action upon a contract implied in law, except an action subject to another limitation specified in this subchapter.
(5) An action upon a judgment or decree of any court of the United States or of any state.
(6) An action upon any official bond of a public official, officer or employee.
(7) An action upon a negotiable or nonnegotiable bond, note or other similar instrument in writing. Where such an instrument is payable upon demand, the time within which an action on it must be commenced shall be computed from the later of either demand or any payment of principal of or interest on the instrument.
(8) An action upon a contract, obligation or liability founded upon a writing not specified in paragraph (7), under seal or otherwise, except an action subject to another limitation specified in this subchapter.”
So, there's your proof that the PA statute of limitations is four years for most debts.
Most magisterial district courts in Pennsylvania do not require defendants to file an Answer like the one you can generate with SoloSuit. Instead, you must call the court to confirm your “Intent to Defend” and show up at the scheduled hearing. Some courts may require you to sign an “Intent to Defend” form and submit it to the court as well, which form usually comes in the packet with the Summons and Complaint.
Magisterial judges do not review the case documents until the hearing, so filing an Answer is unnecessary before the hearing. That being said, the Answer document can help you when you present your case when you show up to your hearing.
While the Answer will help you strengthen your side of a magisterial case, you must give your notice of Intent to Defend in order to officially respond to a magisterial district court debt collection case.
The constant calls from creditors and life stressors like work and family can start to wear on your mental and physical well-being. If you’re looking for a way to resolve your debts and get a fresh start in managing your finances, then debt settlement may be the solution you need.
Pennsylvania debt settlement involves offering to pay a creditor or debt collector a lump sum amount, typically less than the original debt amount, to settle the debt completely. Creditors are often willing to participate in debt settlement because they realize it’s better to get something rather than risk getting nothing.
If you’re considering settlement, follow these three steps to settle your debt in Pennsylvania and protect your rights while doing so.
You can use a debt settlement company, take care of the negotiations yourself, or use SoloSettle, which is an app that helps you draft and send a settlement offer and negotiate online. To learn more, watch the video below:
Pennsylvania has state debt settlement laws to ensure consumers are not taken advantage of during the debt settlement process. The Debt Settlement Services Act dictates that debt settlement companies should:
Settling a debt for less than you owe can remove a substantial financial hurdle from your life and allow you to get back on track.
Dealing with debt collectors can feel intimidating, but remember, Pennsylvania offers state and federal laws designed to protect your rights as a consumer. Debt collectors are limited in the steps they can take to pursue debt collection legally, so use that to your benefit. Below, we outline the most important Pennsylvania debt collection laws that you should know about.
The FDCPA is a federal law that establishes guidelines for debt collection agents, and its purpose is to protect consumers from harassment and abusive practices. A few of the rules outlined by the FDCPA include:
If a debt collector has violated the FDCPA, you can take action against them. Consumers have a right to seek up to $1,000 in damages from debt collectors who violate the FDCPA.
If a Pennsylvania debt collector has used unfair collection practices, you can file a complaint with the Federal Trade Commission (FTC), Consumer Financial Protection Bureau, Better Business Bureau, and PA’s attorney general.
If you believe a debt collector has used unfair methods to get you to pay off a debt in Pennsylvania, file a complaint or report with the FTC, CFPB, BBB, and Pennsylvania’s attorney general.
The Fair Credit Extension Uniformity Act (FCEUA) typically applies to businesses and companies collecting their own debts, unlike the FDCPA, which targets debt collectors who collect debts for others.
The FCEUA prohibits debt collectors from using false, misleading, or deceptive practices when attempting to collect a debt from Pennsylvania consumers. For example:
In addition, the FCEUA protects consumers from unconscionable actions as a means to collect a debt. These actions are against the law, and some examples include:
If you’ve encountered a Pennsylvania debt collector who has violated provisions of the FCEUA, they may be charged with violations of Pennsylvania’s Unfair Trade Practices and Consumer Protection laws. By law, they could be subject to sanctions and be responsible for damages and attorney's fees.
The statute of limitations for debt collection in Pennsylvania is four years, and the clock starts on the date you miss your first payment. However, consumers should be careful not to accidentally reset the date by taking actions on the debt that can cause more harm than good.
Examples of ways that debt collectors may try to lure you into restarting the clocking include:
Further, you should be never acknowledge that you own, or are responsible for, a debt that is approaching the statute of limitations.
Wage garnishment is a legal process that allows debt collectors to take money straight from your paycheck to repay a debt. Fortunately, creditors must first pursue legal action and be awarded a judgment before they can take such action.
Pennsylvania Consolidated Statutes under section 42 PA Cons Stat § 8127 outlines the laws governing wage garnishment.
You have a legal right to object to a wage garnishment if you feel it was based on incorrect information. This is a great way to stop wage garnishment in Pennsylvania. For example, if the debt amount is inaccurate, you have income undergoing multiple garnishments, you received delayed notice about the garnishment, or it’s the result of identity theft. You can and should file an objection.
Preventing wage garnishment before it happens is the best way to stop wage garnishment. It’s never too late to attempt to negotiate a debt settlement. The only catch is that you need to be prepared to make a lump sum payment if the creditor accepts your debt settlement offer.
Pennsylvania has much to offer its residents, from bustling cities to the beauty of the outdoors, but the rising cost of living and booming housing market are taking a toll on consumers. As a result, many face ever-increasing debt as they struggle to stay afloat. The average personal debt for a PA resident is a staggering $48,300.
There are tried and true methods to find debt relief in Pennsylvania. The first step is to get an accurate picture of your overall financial situation. Determine exactly how much money comes into your household, then track all of your bills and other spending to see how much leaves your household. If more is leaving than is coming in–you know you have to find a way to spend less or earn more.
Once you’ve evaluated your financial health, you should establish a budget. Look for ways you can cut spending to add more money toward reducing your debt. Then, it’s time to focus on how to pay off debt. There are two strategic methods that may work for you.
Debt consolidation loans are also worth considering if you qualify for a decent interest rate. Taking out a loan, paying off all of your consumer debt, and repaying it in one monthly payment can make dealing with debt less stressful.
Debt settlement can also work independently or in combination with any of the strategies above. You can either work with a reputable debt settlement company, or you can negotiate on your own. Debt settlement companies may be able to get you a better deal but be prepared for the hit your credit score will likely take. You should also realize that these companies charge you a percentage of the debt they settle for you, so make sure you get an upfront understanding of the fees.
Bankruptcy is the nuclear option of last resort. If you’ve exhausted your other options and can see no other way out–it may be time to consider a Chapter 7 or Chapter 13 bankruptcy. However, make sure you understand the long-lasting impact this will have on your ability to access consumer credit, rent an apartment, get a mortgage, or buy a car.
Pennsylvania offers a substantial number of programs designed to provide financial assistance and benefits. Residents can explore:
You may also consider enrolling in a debt relief program. However, it’s crucial to give careful consideration to the various options available, such as debt settlement services and debt management programs.
Ensure that the program you’ve decided on aligns with your specific financial situation and that you’ve carefully reviewed the fine print of the program and carefully evaluated the pros and cons.
Pennsylvania makes it easy to find your court records for pending court cases by using the online portal or making a trip to the courthouse. Accessing your court records and keeping close tabs on the progress of your case can make a crucial difference in the final resolution of your case. Below, we explain how to check the status of your court case in Pennsylvania to improve your chances of a positive case outcome.
To access your court records in person, visit the clerk of court’s office at the courthouse where your case was filed. Most people find it much easier to access their records online. The Unified Judicial System of Pennsylvania Web Portal provides citizens instant access to case records using the following search options:
Depending on the information you have, you may be able to locate your case in a matter of moments. However, if the search returns several results, you should be able to narrow down the results relatively quickly.
Pennsylvania has several government-funded organizations that provide free legal services. If you have questions or need help, you can contact them using the information below.
Legal Aid of Southwest Pennsylvania - Main Branch
625-627 Swede St.
Norristown, PA 19401
(877) 429-5994
https://www.lasp.org/
MidPenn Legal Services, Inc.
213-A North Front Street
Harrisburg, PA 17101
(717)234-0492
https://www.midpenn.org/
Philadelphia Legal Assistance
718 Arch Street, Suite 300N
Philadelphia, PA 19106
(215) 981-3800
https://www.philalegal.org
North Penn Legal Services
559 Main Street, Suite 200
Bethlehem, PA 18018
877-953-4250
https://www.northpennlegal.org/
If you've only received a collections notice, but not a lawsuit, the best way to respond is with a Debt Validation Letter.
When a debt collector contacts you in any way, whether it's by phone or mail, you can respond with a Debt Validation Letter. This letter notifies the collector that you dispute the debt and requires they provide proof you owe the debt. They can't call you or continue collecting until they provide validation of the debt. This flowchart shows how you can use a Debt Validation Letter to win.
Learn more about the Debt Validation Letter here.
In a nutshell, here's a quick refresher on how to Answer a Summons for debt collection in Pennsylvania.
We hope this guide was helpful! Good Luck answering your Summons!
Here's a list of guides on how to respond to a debt collection lawsuit in each state:
Are you being sued by a debt collector? We’re making guides on how to resolve debt with each one.
Some creditors, banks, and lenders have an internal collections department. If they come after you for a debt, Solosuit can still help you respond and resolve the debt. Here’s a list of guides on how to resolve debt with different creditors.
Having a health challenge is stressful, but dealing medical debt on top of it is overwhelming. Here are some resources on how to manage medical debt.
If the thought of going to court stresses you out, you’re not alone. Many Americans who are sued for credit card debt utilize a Motion to Compel Arbitration to push their case out of court and into arbitration.
Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.
Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.
Knowing your rights makes it easier to stand up for your rights. Below, we’ve compiled all our articles on federal debt collection laws that protect you from unfair practices.
We’ve created a specialized guide on how to find debt relief in all 50 states, complete with steps to take to find relief, state-specific resources, and more.
Debt collection laws vary by state, so we have compiled a guide to each state’s debt collection laws to make it easier for you to stand up for your rights—no matter where you live.
Like all debt collection laws, the statute of limitations on debt varies by state. So, we wrote a guide on each state’s statutes. Check it out below.
Statute of Limitations on Debt Collection by State (Best Guide)
Don’t have time to go to your local courthouse to check the status of your case? We’ve created a guide on how to check the status of your case in every state, complete with online search tools and court directories.
Forgot to respond to your debt lawsuit? The judge may have ordered a default judgment against you, and with a default judgment, debt collectors can garnish your wages. Here are our guides on how to stop wage garnishment in all 50 states.
Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created a guide on how to settle your debt in all 50 states. Find out how to settle in your state with a simple click and explore other debt settlement resources below.
Not sure how to negotiate a debt settlement with a debt collector? We are creating guides to help you know how to start the settlement conversation and increase your chances of coming to an agreement with every debt collector.
We give a factual review of the following debt consolidation, debt settlement, and loan organizations and companies to help you make an informed decision before you take on a debt.
Debt has a big impact on your credit. Below is a list of guides on how to repair and improve your credit, even while managing major debt.
Struggling with student debt? SoloSuit’s got you covered. Below are resources on handling student loan debt.
You can represent yourself in court. Save yourself the time and cost of finding an attorney, and use the following resources to understand legal definitions better and how they may apply to your case.
"Finding yourself on the wrong side of the law unexpectedly is kinda scary. I started researching on YouTube and found SoloSuit's channel. The videos were so helpful, easy to understand and encouraging. When I reached out to SoloSuit they were on it. Very professional, impeccably prompt. Thanks for the service!" – Heather.
Get started.Our Debt Validation Letter is the best way to respond to a collection letter. Many debt collectors will simply give up after receiving it.
Let's Do It.