How Many Days Do You Have to Answer a Complaint in PA?
In Pennsylvania, the defendant has 20 days to file an Answer or Preliminary Objections to a Complaint. This timeframe applies to civil actions filed in the Court of Common Pleas and other courts in the state.
Understanding the Deadline
The 20-day period begins on the date the Complaint is served on the defendant. This means the defendant has 20 days after receiving the Complaint to file a response.
What Happens if You Miss the Deadline?
If you fail to file an Answer or Preliminary Objections within the 20-day timeframe, the court may enter a Default Judgment against you. This means the plaintiff will be granted the relief they requested in the Complaint without any further action from you.
What is an Answer?
An Answer is a document filed by the defendant that responds to the allegations in the Complaint. It may admit or deny each allegation, and it may also raise any affirmative defenses.
What are Preliminary Objections?
Preliminary Objections are a legal challenge to the Complaint. They are typically used to argue that the Complaint:
- Fails to state a cause of action
- Lacks jurisdiction
- Is defective in form
- Has not been properly served
Seeking Extensions
It is possible to obtain an extension of time to file an Answer or Preliminary Objections. However, this requires obtaining an order from the court. To obtain an extension, you will need to show the court that you have a good cause for the delay.
Seeking Legal Advice
If you have been served with a Complaint in Pennsylvania, it is important to seek legal advice from an experienced attorney. An attorney can help you understand your options and ensure that you file a timely and effective response.