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Introduction

This guide provides general information for Pennsylvanians who are facing debt collection lawsuits in Pennsylvania Magisterial District Courts (referred to in this handbook as district court). Note: District court is a small claims and neighborhood court. It does not apply to courts outside the State of Pennsylvania. It is not a substitute for obtaining legal advice in your individual case.

Your local legal services program may not be able to represent you due to limited staff. This booklet may help you respond to a debt collection lawsuit. This booklet does not tell you everything about how to handle such a suit. It only describes the steps that should be taken in the simplest cases. It may be difficult to handle a defense without a lawyer. After reading this booklet, you may decide that it is too complicated for you to do by yourself. Before you make that decision, you should read this entire booklet.

 


Navigation Through the Handbook

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Table of Contents

 

I. The Basics of Defending Creditor Lawsuits

The Basics

  1. What is a Creditor Lawsuit?

  2. Do I need a lawyer?

Definitions

How a Creditor Lawsuit Works

  1. Dealing with a Complaint
  2. What happens next?
  3. The Burden of Proof

II. Common Defenses to Creditor Lawsuits

Definitions

Answers to Common Questions

  1. What is NOT a defense?

  2. Do most defendants have defenses to creditor lawsuits?

  3. What is the best way to present my defenses to the court?

Common Types of Defenses

  1. Identity Theft or Mistaken Identity

  2. Statute of Limitations

  3. Authorized User

  4. Payment

  5. Dispute the Amount of Debt

  6. Lack of Standing

  7. Bankruptcy

What if I lose?

 

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