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In a NutshellIn Pennsylvania, if a debt collection lawsuit has been filed against you, the first thing you need to do is file a Notice of Intention to Defend. You can do this by either calling your court or going in person. If you disagree with the claims against you, you can explain your defenses in your notice. Then, follow any instructions from the court you receive via court notices or ask the court clerk about next steps.
Debt can happen quickly. If you get behind on your bills, you can fall into debt before you know it. And failing to pay off your debt or respond to debt collection efforts may even result in a debt collection lawsuit.
In Pennsylvania, most debt collection cases are filed in a Magisterial District Court in your county. This is essentially Pennsylvania's small claims court. Some debt collection cases may be filed in your county’s Court of Common Pleas.
One important exception is Philadelphia. In the city of Philadelphia, debt collection cases up to $12,000 will be heard in Municipal Court instead of a Magisterial District Court.
Local rules and forms vary among courts, so it’s always a good idea to reach out to your court for assistance if needed. The Unified Judicial System of Pennsylvania has a Magisterial District Judge directory and a Philadelphia Municipal Court Judge directory that can connect you to a judge's office in your county.
If you get sued for unpaid debt, you will receive a summons and complaint notifying you of the lawsuit.
A summons and a complaint are official court documents.
The summons notifies you that a lawsuit has been filed against you. It will tell you the deadline to respond to the lawsuit and which court will hear your case. It will also list the name of the plaintiff (the person suing you) and their lawyer if they hired one to represent them. (This is common.) The summons should include information about what you need to do next, what happens if you don’t respond to the lawsuit, and what your deadline for responding is.
The complaint outlines the plaintiff’s claims against you. For example, the complaint will list how much the debt collector thinks you owe and other details about the debt, like when you made your last payment.
The complaint will also explain what the debt collector wants. Usually, they are looking for a court-ordered judgment to collect the debt. The judgment amount may be higher than the debt amount. That’s because it could also include any interest that has accrued since your last payment and other costs the plaintiff thinks you should cover as a part of the lawsuit, such as legal fees.
Here is an example of what a complaint in the state of Pennsylvania looks like:
The person suing you must deliver the summons and complaint according to court rules. If they don’t, you can use this as a defense and potentially get the case thrown out. In legal terms, formally delivering documents is called service or being served.
The plaintiff can arrange to deliver the documents by personal service or by certified mail with return receipt. Personal service must be performed by a sheriff or constable. They can directly serve you or leave the documents with an adult member of your family, apartment manager, or another adult in charge of your business if they come to serve you when you’re not present.
Your summons will include a court date and other instructions for how to proceed with your lawsuit. Most small claims courts (Magisterial District Courts) don’t require you to file a written answer. But local rules and procedures vary among small claims courts, so be sure to read the complaint carefully and contact the court if you have any questions.
Generally, for Pennsylvania Magisterial District Courts, you’ll call the court listed on the complaint and tell them you would like to file a Notice of Intention to Defend.
Since this process varies by county, it's important to contact the court listed on the summons as soon as possible to clarify your options. Even if your court doesn’t require a written answer, it’s always a good idea to at least write down your responses and defenses to the claims in the outline to take with you to court.
Each Pennsylvania county has its own rules and procedures, but typically you need to file a Notice of Intention to Defend as soon as possible after being served with a complaint and summons.
You file a Notice of Intention to Defend by either calling your court or going in person and telling the clerk you want to respond to the lawsuit. It's a good idea to file at least five days before the date set for the hearing. The hearing date will be written on your complaint.
If you disagree with the claims against you, you can include and explain your defenses in your Notice of Intention to Defend. A general defense is like saying, “What the debt collector said isn’t true.” You can also raise affirmative defenses. These are basically reasons why the plaintiff (the debt collector suing you) shouldn’t win the case even if what the debt collector said in the complaint is true.
Common affirmative defenses include:
You’ll need to bring any evidence you have that may support your defenses, including copies of contracts, account statements, purchase receipts, and other documents.
If you believe the plaintiff (debt collector) actually owes you money or that they violated your rights or caused harm, you can file a cross-complaint in response to their complaint. Just like with the Notice of Intention to Defend, you need to file this at least five days before the date set for the hearing.
You can file the Notice of Intention to Defend on your own without a lawyer. But a countersuit is more difficult to navigate, so contacting a lawyer may be the best move.
