Getting sued for a debt is stressful. Nobody wants to deal with a Summons, and the legal jargon can feel overwhelming. But you have rights, and you have a clear path forward.
In Pennsylvania, you generally have 20 days to file a legal response. If you act within this window, you prevent a default judgment and keep your financial future in your own hands.
This guide breaks down the process into simple steps. No confusion. No panic.
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1. The Pennsylvania Deadline: 20 Days
Time is your most important asset right now. Under Pennsylvania Rule of Civil Procedure 1007.1(a), you must file your written response—called an Answer—within 20 days of receiving the Summons.
What happens if you miss it?If you do not respond in time, the plaintiff (the debt collector) sends a “10-Day Notice.” This is your final warning. If you still do not respond after those 10 days, the court may grant a Default Judgment. This allows the collector to garnish your wages or seize bank accounts without you having a say.
2. Filing Fees
The Good News:Most Pennsylvania courts do not charge a fee to file an Answer. It is typically free to defend yourself.
The Exception:Some counties do charge fees. For example, the Court of Common Pleas in Philadelphia has historically charged around $154.54 to file an Answer. Always check with your specific court clerk. If you cannot afford the fee, you may request a fee waiver (In Forma Pauperis).
3. How to Prepare Your Answer
You cannot simply call the court to object. You must file a written legal document. Writing this from scratch is risky, but the structure is straightforward.
Step A: Admit or Deny the Claims
The “Complaint” document lists numbered paragraphs accusing you of owing money. In your Answer, you must respond to each paragraph. You have three options:
- Admit: You agree the statement is 100% true.
- Deny: You dispute the statement and force them to prove it.
- Deny due to lack of knowledge: You honestly do not know if it is true (e.g., you don’t recognize the account number).
Step B: Assert Affirmative Defenses
An “Affirmative Defense” is a legal reason why you do not owe the debt, even if the facts are true. Common Pennsylvania defenses include:
- Statute of Limitations: In Pennsylvania, the statute of limitations for debt is generally 4 years. If the account has been inactive for longer than that, they may not be legally allowed to sue you.
- Identity Theft: The debt belongs to someone else.
- Incorrect Amount: The collector calculated the total wrong.
Step C: The Certificate of Compliance
Pennsylvania requires a specific “Certificate of Compliance” to be attached to your filing. This certifies that you are not exposing confidential data improperly. If you forget this page, the court may reject your filing.
4. Filing and Serving
Once your document is signed and ready, you must complete two tasks simultaneously:
- File with the Court: Mail or hand-deliver your Answer to the Clerk of Court listed on your Summons.
- Serve the Plaintiff: You must mail a copy of your Answer to the attorney suing you.
Pro Tip: Always use USPS Certified Mail with Return Receipt. This provides you with bulletproof evidence that you met the deadline.
Special Note: Magisterial District Courts
If your case is in a Magisterial District Court (often for smaller amounts), the rules are slightly different. You may not need to file a long formal Answer. Instead, you must file a Notice of Intent to Defend.
Check your paperwork carefully. If it is a Magistrate case, look for the “Intent to Defend” form in the packet, sign it, and return it immediately. However, bringing a written Answer to your hearing is still a powerful way to organize your defense.
Ready to Respond?
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- Simple: We guide you through the questions in plain English.
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- Complete: Includes filing instructions for your specific court.