Legal Question in Consumer Law in Pennsylvania

I've called lawyers for two days now only to get no one willing to see me. I need to make a statement for the court giving my defense or objections to the claims against me. If it's not in by Friday I'll have a judgement against me. Im already repaying the debt to the hospitals lawyer. Can anyone please tell me what the proper thing to put in the statement is since no lawyer will see me or call me back?


Asked on 4/11/12, 1:48 pm

1 Answer from Attorneys

No, without seeing a complaint. No lawyer is going to handle this on such short notice and without you paying. I don't quite understand - if you are already paying, then why are you being sued by the lawyer? Do you have any defenses? Objections? Who is suing? For what? Do you owe the debt?

Generally, an answer (assuming that is what you are talking about) follows the format in the complaint. Look at the complaint - copy the caption (creditor, plaintiff v. you, defendant). Where they have the word complaint, you put the word answer. Copy the same file number.

They have a series of numbered paragraphs. You have a series of numbered paragraphs in your answer that corresponds to their numbered paragraphs. If its a true statement, say the word "admitted." If its not true, say "denied" and state what you know to be true. If you are not sure, then say denied and that strict proof is demanded at trial.

However, this is real basic - if this is your debt and you have no valid defenses (defenses are either statute of limitations (4 years in PA), or that you don't owe the debt (its not your debt or that you were the victim of identity theft/fraud or you already paid), or that you don't owe as much as they say you owe (interest added does not count) or that they did not attach documents to the complaint showing that its your debt, then it does not matter what you do as the creditor is going to get a judgment against you anyway.

Your best shot may be to either settle the debt or file bankruptcy, but it depends on the issues. I give free email consults and charge $50 for 30 minute phone consult. If you are interested in resolving this debt outside of litigation, please contact me at [email protected].

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Answered on 4/11/12, 5:56 pm


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