Legal Question in Credit and Debt Law in Pennsylvania

cival lawsuit , must i attend if i am not the primary defendant ?


Asked on 1/12/13, 8:34 pm

2 Answers from Attorneys

Sharmil McKee McKee Law Office

Yes. In Pennsylvania, there really is no such thing as primary and secondary defendants. The plaintiff is simply filing several lawsuits at one time, when she sues more than one defendant. Therefore, if you fail to show up, the judge will enter a default against you.

Good luck.

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Answered on 1/12/13, 8:57 pm

It depends. Think of a civil summons as an invitation to participate. Nobody can make you participate (contrast a criminal case where the defendant must attend court appearances).

You do not indicate what this is about or why you don't consider yourself the "primary" defendant. Are you a co-signer on a loan? Have you been sued as a defendant? If you have not been sued then there is nothing for you to do. If you have been sued, regardless of whether you are a co-signer, then you have to decide what you want to do. If you do nothing, then a judgment will definitely be entered against you. In a co-signer situation, you are as equally liable as the primary borrower. While the creditor is only entitled to be repaid once, if both you and the primary borrower are sued then the creditor can go after whichever of you has assets - it can be you, or the primary borrower or both.

If you have defenses to the litigation and its a debt that you are liable for as a co-signer, as I said, the creditor is going to get a judgment against you regardless of whether you appear or not. I cannot see spending time at the hearing if it would not be productive, but if you don't go then you may be giving up important rights.

Without reviewing your papers, no lawyer here can possibly give you competent advice. You really really need to get up with a civil litigation lawyer and allow him/her to review the paperwork and advise as to whether you need to attend or not.

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Answered on 1/13/13, 9:47 pm


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