What happens after I file preliminary objections in a credit card lawsuit?

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What happens after I file preliminary objections in a credit card lawsuit?

I was sued by a credit card company in December and filed preliminary objections. I have not heard anything from the court or the people suing me in 6 months. Are they waiting on something else from me or am I waiting for them? I thought they had to respond in so many days.

Asked on June 22, 2012 under Bankruptcy Law, Pennsylvania

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

When you say "preliminary objections", are you referring to the answer to the complaint?  You should have filed an answer to the complaint (the complaint is the lawsuit attached to the summons) with the court and served a copy by mail on the opposing party or opposing party's attorney within the time set forth in the summons.  If you didn't file the answer to the complaint, the opposing party may have entered a default judgment against you.  This will be followed by enforcement of the judgment after a period of time by a wage garnishment, lien on your property, etc.  If a default was entered against you, you can file a motion to set aside the default.  If the court grants your motion, the case will be back on track and litigation will continue.

If you timely filed your answer to the complaint and haven't heard anything since, the case should be in the discovery phase of litigation and you should be receiving discovery requests such as interrogatories, request for production of documents, etc.  Unless there has been some oversight by the opposing party, you should have received discovery requests by now.

If you send discovery to the opposing party and the opposing party fails to respond in a timely manner, you can pursue a motion to compel further responses and request sanctions (court imposed fines).


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