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
You can navigate through this booklet by using the
Back and Next buttons appearing on each page or
click on a link in the Table of Contents below to jump to a
specific section of the handbook in a new window.
Table of Contents
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I. The Basics of Defending Creditor
Lawsuits
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What is a Creditor Lawsuit?
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Do I need a lawyer?
- Dealing with a Complaint
- What happens next?
- The Burden of Proof
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II. Common Defenses to Creditor Lawsuits
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What is NOT a defense?
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Do most defendants have defenses to
creditor lawsuits?
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What is the best way to present my
defenses to the court?
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Identity Theft or Mistaken Identity
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Statute of Limitations
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Authorized User
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Payment
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Dispute the Amount of Debt
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Lack of Standing
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Bankruptcy
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