Legal Question in Civil Litigation in Pennsylvania

I am being sued by a bank for overdraft on my checking account totaling 6,000.00. I dont have money for a lawyer and I want to know How to file a notice to defend in Philadelphia


Asked on 8/10/10, 1:39 pm

1 Answer from Attorneys

You do not file a "notice to defend." The summons and complaint, when it is sent to you, contains a notice to defend. You, as the debtor, are the defendant and you must file an "answer." The answer may contain a notice to plead. There are generally no forms for any of this.

Before you decide to file an answer, you should ask whether you should do so. If you owe the money, it will not not make a difference. Whether you answer or not, the bank is going to get a judgment against you. The only situations where you should answer are: (1) if you do not owe the money; (2) if documents are not attached to the complaint or the complaint misstates the amount owed; (3) if the statute of limitations has expired; or (4) if this is a case of identity fraud and the wrong person or someone pretending to be you incurred the debt. In any of those cases, you need to get a lawyer to properly draft the answer for you,

To resolve the debt, your options are either to settle in some manner or file bankruptcy. Many attorneys give bankruptcy consults and you should have one, although this debt is not all that large. Do you have other debts? If not or if bankruptcy will not work, then settlement appears to be your best option. Even if you do not have all the funds right now, settlement can be worked out.

If you are interested in debt settlement, feel free to contact me. I give free 30 minute consults by phone or via email.

Rachel Hunter

Attorney at Law

[email protected]

(678)-687-9693

Admitted in GA, PA & NC

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Answered on 8/15/10, 9:17 pm


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