I’ve Been Sued by a Debt Collector in Pennsylvania

What happens in the beginning stages of a debt collection lawsuit?

• The debt collector or creditor files a Complaint with the Prothonotary.  This is the document that initiates the lawsuit.  The debt collector is the Plaintiff.  The person being sued is the Defendant.
• The debt collector (Plaintiff) must serve the Complaint on the consumer (Defendant).  This means that the debt collector (Plaintiff) must provide the consumer with formal and proper notice of the lawsuit that was filed.  In Pennsylvania, this must be done by the county Sheriff.
• After the Sheriff serves the Complaint on the consumer (Defendant), the consumer (Defendant) has twenty (20) days to respond to the Complaint by filing an Answer (a specific and detailed response to the information in the Complaint) or by filing Preliminary Objections (based on legal grounds, challenges the sufficiency of the Complaint, whether the Complaint follows civil procedure rules, etc.)  This is what a typcial “20 Day Notice” looks like and will appear somewhere in the beginning of the paperwork:

NOTICE

You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you.

YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH TO FIND OUT WHERE YOU CAN GET LEGAL HELP:

LAWYER’S REFERRAL SERVICE OF THE

X COUNTY BAR ASSOCIATION

123 Any Street

Any Town, PA 00000

• If the consumer (Defendant) does not respond to the Complaint within twenty (20) days, the debt collector (Plaintiff) must serve what is called a “Ten Day Notice” on the consumer (Defendant).  This tells the consumer (Defendant) that they have ten days to respond to the Complaint (see number 3 above) or a judgment will be entered against them.  In Pennsylvania, this document is sent by mail.
• If the consumer (Defendant) does not respond within ten days, the debt collector (Plaintiff) will start the judgment process.  (See General Overview of the Debt Judgment and Execution Process)  You do not want to allow the lawsuit to get to this point without seeking legal advice.

If you have been sued by a debt collector, it is important that you respond to the Complaint within the required time either on your own (this is referred to as “pro se” and is generally not recommended but is better than doing nothing) or through an experienced consumer attorney.  You can also consult legal services or the lawyer referral service of your local bar association.  Do not ignore a Complaint.

(Copyright - Amy B. Good-Ashman 2008)

If you enjoyed this post, make sure you subscribe to my RSS feed!