Categorized | Lawsuits

I filed my own response to the lawsuit

I filed my own response to the lawsuit

I am amazed at the number of phone calls and emails that I have been receiving regarding this topic.  Many people, perhaps in an effort to save money, have decided that they can file their own response to a credit card or collection agency lawsuit. In almost every case, this is a mistake.

In Pennsylvania, you have 20 days to respond to a lawsuit after it has been served upon you. Your initial response is of the utmost importance, because it determines which defenses you intend to set forth.

There are two choices, either an Answer, which is generally a denial of the factual allegations, or, Objections,which in plain terms allege that the credit card lawsuit is legally defective.  In most instances, Objections are the proper response to a Pennsylvania Credit Card Lawsuit. 

For the most part, Objections are waived if you do not raise them at the proper time.  (Waive means that you lose them). When a person files their own response, it is almost always an Answer, meaning that they have waived various defenses that would be afforded to them if they had filed Objections. This mistake may or may not be fatal to your case, but is that really a chance worth taking? For the most part, legal fees on credit card cases are not as high as you might think.  Generally, depending upon your location, the amount of the lawsuit, who the plaintiff is and who is representing them, your legal fees should only amount to a few hundred dollars.  When you are faced with a $10,000 credit card lawsuit, the fee is always worth the price…

3 Responses to “I filed my own response to the lawsuit”

  1. P.A.'er says:

    If you already filed answers, wouldn’t you still be able to file Preliminary Objections? Or would you have to have raised those same issues in your answers in order to be able to still raise PO’s?

  2. Greg Artim says:

    If you file an Answer, you are waiving Preliminary Objections. Objections must be the first response to a lawsuit, or they are waived.

  3. P.A.'er says:

    Wow, that’s an eye opener! Thank You for your response. This is by far the best PA site I’ve seen yet. I hope it continues, I really do enjoy reading it.

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Credit Card Lawsuits

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