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


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.