How do I file a formal response to a complaint filed against me from an old student loan collection agency?

I received a complaint from the Sheriff’s department, saying that I had 20 days to respond to a debt. These are private unsecured loans that are past the statute of limitations(5 years old). How should I file a response to the complaint? What type of information should I include in my response?

Asked on May 25, 2012 under Bankruptcy Law, Pennsylvania

Answers:

Andrew Goldberg

Answered 8 years ago | Contributor

The statute of limitations begins to run not from the date of the loan but from the date of the breach of contract ( the nonpayment of the monthly or other term of payment . You would file a formal answer with the Prothonotary of the County in which  the original complaint was filed. Your answer would deny any factual allegations thta you believe to be false. If the statute of limitations has expired before the filing of the original complaint, you would file Preliminary Objections to the Complaint rather than an Answer. The Preliminary Objections would allege the expiration of the applicable statute of limitations. They would be filed with the Prothonotary of the County wherein the original complaint was filed.


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