Sued in Pennsylvania? You may have only 20 days to answer
Magisterial District Court: no written answer, but go to court on the date set. Court of Common Pleas: 20 days.
Checked against official sources: Oct 24, 2026. · Free letters and forms ↓
Count your answer deadline in Pennsylvania
Pick your court and the day you were served (got the court papers). We show the last day to answer and what to do next.
Pennsylvania guides by topic
How to answer in Pennsylvania
Your deadline by court, the official form, fees and defenses.
Default judgment in Pennsylvania
What a default means and how to set it aside, with a calculator.
After a judgment in Pennsylvania
Wage garnishment, bank levies and how to claim an exemption.
Which court hears debt cases in Pennsylvania
Magisterial District Court (Philadelphia Municipal Court in Philadelphia)
Many credit card and debt-buyer lawsuits of $12,000 or less (not counting interest and costs) are filed here.
Law: 42 Pa.C.S. § 1515(a)(3)
Court of Common Pleas
Hears larger debt cases and appeals from magisterial district judges. Many collectors file here too.
Law: Pa.R.C.P. 1026; Pa.R.Civ.P.M.D.J. 1002
How to answer in Pennsylvania
- How to answer
Magisterial District Court: complete the Notice of Intent to Defend form that comes with the complaint (or send a signed statement with the same content) and return it to the court, then attend the hearing. Common Pleas: file a written answer with the prothonotary and serve a copy on the plaintiff's lawyer.
- If you can't pay the fees
Petition to Proceed In Forma Pauperis.
- How you must be served
Magisterial District Court: service must be made at least 10 days before the hearing, by the sheriff or a certified constable handing the complaint to you, to an adult family member or the person in charge at your home, or at your office; or, if the plaintiff chooses, by certified mail with a return receipt signed by you or one of those persons.
Law: Pa.R.Civ.P.M.D.J. 307, 308
Law: Pa.R.Civ.P.M.D.J. 305, 315, 318; Pa.R.C.P. 1026(a)
Defenses to know in Pennsylvania
- Defenses in Pennsylvania law
Pennsylvania's time limit to sue on a contract, written or not, is 4 years. In Common Pleas, a claim based on a writing (such as a credit card agreement) must attach a copy, or say why it cannot and describe it.
Law: 42 Pa.C.S. § 5525(a); Pa.R.C.P. 1019(i)
- Time limit to sue (written contract)
- 4 years · More on old debts at Debt Collector Map
If you missed the deadline in Pennsylvania
A default judgment means the court decides against you because you didn't answer. You may be able to ask the court to set it aside (cancel it), but time limits are short.
- What happens
Magisterial District Court: if you do not appear at the hearing, the judge enters judgment for the plaintiff (or continues the case). Common Pleas: the plaintiff must first mail you a 10-day notice of its intent to ask for a default; then the prothonotary can enter a default judgment.
- How to set it aside (cancel it)
Magisterial District Court: there is no motion to reopen; you appeal to the Court of Common Pleas within 30 days after the judgment is entered, by filing a notice of appeal with the prothonotary (with a copy of the Notice of Judgment). The case is then heard anew. Because you were the defendant, you must file with your notice of appeal a praecipe (request) for a rule ordering the plaintiff to file a complaint within 20 days. Serve the notice of appeal and the rule on the plaintiff and the magisterial district judge (in person or by certified or registered mail) and file proof of service with the prothonotary within 10 days after filing the appeal, or the appeal can be stricken. Common Pleas: file a petition to open the default judgment with your proposed answer attached; if you file within 10 days after the default is entered on the docket, the court must open it if your answer states a meritorious defense.
Law: Pa.R.C.P. 237.3
Law: Pa.R.Civ.P.M.D.J. 319(B), 1002(A), 1004(B), 1005, 1006; Pa.R.C.P. 237.1, 237.3
Count your deadline to set aside a default
If there is a judgment in Pennsylvania
A judgment is the court's decision that you owe money. Then the creditor can ask the court to take money from your pay or bank account.
- Interest after the judgment
The lawful rate, which is 6% a year, unless another statute provides otherwise.
- How long it lasts
The creditor can issue execution against personal property within 20 years after the judgment. The judgment's lien on real estate must be revived within 5 years to keep it.
Law: 42 Pa.C.S. § 8101; 41 P.S. § 202; 42 Pa.C.S. §§ 5526(1), 5529(a)
Garnishment, bank levy and exemptions in Pennsylvania
Exempt means protected by law: money or property the creditor can't take. Often you must claim it yourself, fast.
- Wage garnishment (taking part of your pay)
Pennsylvania generally does not allow wage garnishment for ordinary consumer debts like credit cards or medical bills. Exceptions include support, some residential lease judgments and PHEAA student loans; federal debts can be taken under federal law.
Law: 42 Pa.C.S. § 8127
- Bank levy (freezing and taking money in your bank account)
A magisterial district judge's order of execution can reach only tangible personal property; to garnish a bank account, the creditor transfers the judgment to the Court of Common Pleas and has a writ of execution served on the bank. $300 of any property, including money in a bank account, is exempt.
Law: 42 Pa.C.S. § 8123
- How to claim an exemption
File a Claim for Exemption with the sheriff, and ask for a prompt hearing. The sheriff must notify the creditor and bank and present it to the court, which must hear it within 5 business days. The bank cannot be ordered to pay over for 20 days after it was served while a claim may be filed. In a magisterial district levy on goods, claim your $300 exemption with the executing officer; you can appeal his appraisal within 2 days.
Law: in the form set by Pa.R.C.P. 3252(a)
Law: Pa.R.C.P. 3123.1; Pa.R.Civ.P.M.D.J. 406, 408
These garnishment limits are from our sister site, which checks them against official sources: Debt Collector Map: Pennsylvania
Count your deadline to claim an exemption
Free help in Pennsylvania
- Pennsylvania Legal Aid Network – find free legal aid
- Pennsylvania Bar Association lawyer referral · 1-800-692-7375
- Pennsylvania Attorney General – Consumer complaint form · 1-800-441-2555
- Find free legal help at LawHelp.org
Court self-help
Free letters and forms
Ask the plaintiff's lawyer for the debt documents
The contract, the chain of ownership and an itemization of what they claim.
Exemption claim cover letter
A letter to the court clerk to file with your exemption claim form.
Good to know in Pennsylvania
- Pennsylvania generally does not allow wage garnishment for credit card or medical debt judgments (42 Pa.C.S. § 8127).
- A magisterial district judge cannot garnish your bank account; the creditor must first move the judgment to the Court of Common Pleas (Pa.R.Civ.P.M.D.J. 402, 406).
- In Common Pleas, a petition to open a default filed within 10 days must be granted if your proposed answer states a meritorious defense (Pa.R.C.P. 237.3(b)(2)).
Federal rules in every state
- Where a collector must sue. A debt collector that sues you over a consumer debt must file where you signed the contract or where you live when the suit starts. Law: 15 U.S.C. 1692i(a)(2)
- Old debts. A debt collector must not sue you, or threaten to sue you, on a debt that is too old to sue on. Law: 12 CFR 1006.26(b)
- Before a default judgment. Before the court gives the plaintiff a default judgment, the plaintiff must file a sworn statement saying whether you are in military service. Law: 50 U.S.C. 3931(b)(1)
- Your pay. For an ordinary debt, a creditor can take at most 25% of your take-home pay, or the part above 30 times the federal minimum wage if that is less. Many states protect more. Law: 15 U.S.C. 1673(a)
- Federal benefits in the bank. Your bank must protect up to two months of Social Security, SSI, VA and some other federal benefits that were paid into your account by direct deposit. You don't have to ask. Law: 31 CFR 212.5, 212.6
Questions about debt lawsuits in Pennsylvania
How long do I have to answer a debt lawsuit in Pennsylvania?
Magisterial District Court: no written answer is required. If you want to defend, notify the court in writing (the Notice of Intent to Defend form) and go to the hearing, which is set 12 to 60 days after filing. A claim of your own against the plaintiff must be filed at least 5 days before the hearing. Court of Common Pleas: file a written answer within 20 days after you are served with a complaint that has a Notice to Defend.
How do I answer a debt lawsuit in Pennsylvania?
Magisterial District Court: complete the Notice of Intent to Defend form that comes with the complaint (or send a signed statement with the same content) and return it to the court, then attend the hearing. Common Pleas: file a written answer with the prothonotary and serve a copy on the plaintiff's lawyer.
What if I can't afford the court fees in Pennsylvania?
Petition to Proceed In Forma Pauperis.
What happens if I don't answer in Pennsylvania?
Magisterial District Court: if you do not appear at the hearing, the judge enters judgment for the plaintiff (or continues the case). Common Pleas: the plaintiff must first mail you a 10-day notice of its intent to ask for a default; then the prothonotary can enter a default judgment.
Can I cancel a default judgment in Pennsylvania?
Magisterial District Court: there is no motion to reopen; you appeal to the Court of Common Pleas within 30 days after the judgment is entered, by filing a notice of appeal with the prothonotary (with a copy of the Notice of Judgment). The case is then heard anew. Because you were the defendant, you must file with your notice of appeal a praecipe (request) for a rule ordering the plaintiff to file a complaint within 20 days. Serve the notice of appeal and the rule on the plaintiff and the magisterial district judge (in person or by certified or registered mail) and file proof of service with the prothonotary within 10 days after filing the appeal, or the appeal can be stricken. Common Pleas: file a petition to open the default judgment with your proposed answer attached; if you file within 10 days after the default is entered on the docket, the court must open it if your answer states a meritorious defense.
How much interest does a judgment add in Pennsylvania?
The lawful rate, which is 6% a year, unless another statute provides otherwise.
How long does a judgment last in Pennsylvania?
The creditor can issue execution against personal property within 20 years after the judgment. The judgment's lien on real estate must be revived within 5 years to keep it.
Can my wages be garnished in Pennsylvania?
Pennsylvania generally does not allow wage garnishment for ordinary consumer debts like credit cards or medical bills. Exceptions include support, some residential lease judgments and PHEAA student loans; federal debts can be taken under federal law.
Can a creditor take money from my bank account in Pennsylvania?
A magisterial district judge's order of execution can reach only tangible personal property; to garnish a bank account, the creditor transfers the judgment to the Court of Common Pleas and has a writ of execution served on the bank. $300 of any property, including money in a bank account, is exempt.
How do I claim an exemption in Pennsylvania?
File a Claim for Exemption with the sheriff, and ask for a prompt hearing. The sheriff must notify the creditor and bank and present it to the court, which must hear it within 5 business days. The bank cannot be ordered to pay over for 20 days after it was served while a claim may be filed. In a magisterial district levy on goods, claim your $300 exemption with the executing officer; you can appeal his appraisal within 2 days.
More help on our sister sites
Sources
- 42 Pa.C.S. § 1515 (MDJ jurisdiction $12,000)
- Pa.R.Civ.P.M.D.J. 305 (notice to defendant; intent to defend)
- Pa.R.Civ.P.M.D.J. 307 (service)
- Pa.R.Civ.P.M.D.J. 308 (service on individuals)
- Pa.R.Civ.P.M.D.J. 319 (failure to appear)
- Pa.R.Civ.P.M.D.J. 1002 (appeal within 30 days)
- Pa.R.Civ.P.M.D.J. 1004 (praecipe for rule to file complaint on appeal)
- Pa.R.Civ.P.M.D.J. 1005, 1006 (service of appeal; striking appeal)
- Pa.R.Civ.P.M.D.J. 406, 408 (levy; exemptions)
- Pa.R.C.P. 1026 (20 days to plead)
- Pa.R.C.P. 1019 (attach writing)
- Pa.R.C.P. 237.1 (10-day notice)
- Pa.R.C.P. 237.3 (opening a default)
- Pa.R.C.P. 3123.1 (claim for exemption)
- 42 Pa.C.S. § 8101 (interest on judgments)
- Act 6 of 1974, § 202 (6% legal rate)
- 42 Pa.C.S. § 5526 (5 years: revival of lien)
- 42 Pa.C.S. § 5529 (20 years: execution)
- 42 Pa.C.S. § 5525 (statute of limitations)
Last checked: Oct 24, 2026.
- Venue for debt collection suits, 15 U.S.C. 1692i
- Time-barred debts, 12 CFR 1006.26 (Regulation F)
- Default judgments and servicemembers, 50 U.S.C. 3931
- Restrictions on garnishment, 15 U.S.C. 1673
- Federal benefit payments in bank accounts, 31 CFR part 212
- CFPB: What should I do if I'm sued by a debt collector or creditor?