Legal Question in Credit and Debt Law in Pennsylvania

How do I file objection against civil action complaint regardin debt collection


Asked on 11/24/10, 1:12 pm

1 Answer from Attorneys

What is your objection? Preliminary objections are very technical. Don't try to do it yourself. You are expected to know the rules. I would tell you to go the county law library and read the local rules for your county and the state rules. Unfortunately, I can't give you an example as I do not know the grounds on which you are objecting.

Rather than objecting, ask yourself: (1) is this a bona fide debt for which you are responsible? (2) has the statute of limitations expired?; (3) is the complaint really defective (improper verification, no supporting documentation etc.) that I am likely to win and get this complaint dismissed?

If this is your debt and the defenses are just not there, you will be better off trying to resolve this debt instead of litigating. At best, you will win the objection but all you will do is make them start over (unless the statute of limitations has expired). And they are going to be really peeved at you and will not be inclined to settle or if they are inclined, then the settlement could be higher. At worst, you are going to mess this up if you go it alone and you will lose. Moreover, you are only adding to the legal fees since the creditor's attorney had to respond to your objection. The legal fees are usually added to things like credit card debts. If this is for some other type of debt, then perhaps they will not be added unless the contract provided for it.

If you have a valid objection however, then, depending on the type of debt and amount, it may be worthwhile to hire a lawyer. There is a limited time frame to object (20 days after your receipt of the summons and complaint).

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Answered on 1/12/11, 4:42 pm


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