Legal Question in Credit and Debt Law in Pennsylvania

First, lets back up. Is this your credit card debt? How much time has elapsed between the date on which the account became delinquent and the time till suit was filed? When were you served with the complaint?

The answers to these questions will dictate whether you should or should not bother with a response. Generally, litigation is a fat waste of time IF this is your debt and the debt is not time barred. In such case, it does not matter whether you respond or not as the creditor will get a judgment against you. The only thing you are getting by responding is that you are buying time. If this is worthwhile, then you can answer and deny the debt, but I, or any other lawyer, would be hesitant to prepare an answer for you if we know that this is your debt and that you have no valid defenses to the lawsuit. Of course, if you do have a valid defense (like the suit is time barred) then you need to speak to a credit card defense attorney right away.

If there is no defense and you wish to get this resolved without filing bankruptcy, please contact my office (I am a Pennsylvania licensed attorney) and I may be able to work out a settlement on your behalf. If you wish to file bankruptcy, then get a consult with a bankruotcy attorney.

There are no forms for a response to a lawsuit. The rules for pleading are technical and you really should not do this on your own. Lawyers will draft one for you for a fee. If you insist on going alone, then go to the law library for your county and use the form books for filing a simple answer. Generally, you admit those statements in the plaintiff's complaint which are true and deny the rest. If something is partly true and partly false, then admit in part and deny in part. You have to respond to each numbered paragraph in the complaint. If you wish to raise any claims (like the statute of limitations), you raise this separately under the heading "new matter."

I agree generally with Ms. Hunter. Asking "What do I type?" is like going into a doctor's office and simply asking "What's wrong with me?" You need to sit down for a consultation with an attorney.

You should contact your county's bar association and see if there's a local lawyer referral program; if not, you can contact the Pennsylvania Bar Association for a lawyer referral. It may cost you (although many attorneys give free consultations), but the information and strategy you will receive is well worth any time or effort. Doing nothing, however, assures a judgment against you.

Best of luck to you.

Cary B. Hall, Esquire

Law Offices of Cary B. Hall, L.L.C.

121 East Chestnut Street, Suite 205

Souderton, PA 18964

T: (267) 663-9995

F: (215) 525-4364

[email protected]

http://www.carybhall.com