QUESTION
I was served with a civil action lawsuit on 12/1/14 by a debt collection company.
Asked on Dec 11th, 2014 on Civil Litigation - Pennsylvania
More details to this question:
Does the 20 day response period begin from the day I was served or from the 11/24/14 date the papers were filed. I am trying to get an attorney but with my limit funds it is difficult. How should I respond to get some additional time. They claim they bought the debt from Citibank and the last time was on or about 11/30/14, which brings it extremely close to the 4 year statue of limitations cut off. Also, how do I know if they bought the debt from Citibank? Please help.
1 ANSWER
The time to respond runs from the date of service, but the statute of limitations is satisfied if the papers were filed on time. In most cases, plaintiff's counsel will consent to allowing you more time to respond as long as you waive any defenses based on improper service. If the attorney won't consent, make a motion to extend your time. The clerk of the court can help you. Finally, you can see plaintiff's proof that it is Citibank's assignee by asking for the assignment in the discovery phase of the litigation.
Answered on Dec 12th, 2014 at 9:03 AM