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Pennsylvania Answer to a Complaint

Answer a Pennsylvania complaint with a notice to defend within 20 calendar days under Pa.R.C.P. 1026(a). DocDraft drafts it, attorney review available.

Introduction

A Pennsylvania Answer to a Complaint is the written response you file in the Court of Common Pleas after you are served with a civil complaint. It admits or denies each numbered averment, raises the affirmative defenses you intend to rely on, and can include a counterclaim against the plaintiff. In a general civil case, 231 Pa. Code Rule 1026(a) gives you 20 calendar days after service to file your answer. What sets Pennsylvania apart is the notice that triggers the clock. No pleading need be filed unless the complaint contains a notice to defend or is endorsed with a notice to plead. There is no statewide answer form, so you draft the answer to match your case and follow the caption format in 231 Pa. Code Rule 1018. You file it with the Prothonotary or Department of Court Records in the county named in the complaint, and many counties now mandate e-filing by local rule. You then serve a copy on the plaintiff or the plaintiff's attorney. Miss the deadline and the prothonotary can enter a default judgment against you on the plaintiff's praecipe under Rule 1037(b). DocDraft drafts a Pennsylvania-formatted answer from your facts, with attorney review available before you file.

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Key Things to Know

  1. 1

    Your deadline is 20 calendar days. In a general civil case, 231 Pa. Code Rule 1026(a) requires every pleading after the complaint to be filed within 20 days after service of the preceding pleading.

  2. 2

    The notice triggers the clock. No pleading needs to be filed unless the complaint contains a notice to defend or is endorsed with a notice to plead, so check the complaint for that notice before you count your 20 days.

  3. 3

    General civil cases go to the Court of Common Pleas. Claims over $12,000, requests for equitable relief, and matters outside Magisterial District Judge jurisdiction are filed in the Court of Common Pleas.

  4. 4

    Magisterial District Court cases work differently. In a small claims case (up to $12,000), there is no formal written answer. You notify the court of your intent to defend before the hearing or appear at the hearing under 246 Pa. Code Rule 305.

  5. 5

    There is no statewide answer form. Pennsylvania does not publish a fill-in answer form, so you draft the answer to fit your case and follow the caption format in 231 Pa. Code Rule 1018.

  6. 6

    You file with the Prothonotary and serve the plaintiff. File the answer with the Prothonotary or Department of Court Records under 231 Pa. Code Rule 205.1, and serve a copy on the plaintiff or plaintiff's attorney by hand delivery or mail under Rule 440.

  7. 7

    Know the Pennsylvania defenses. The statute of limitations on a written contract is four years under 42 Pa.C.S. Section 5525(a), a frequent defense in debt cases, alongside affirmative defenses such as payment, release, statute of limitations, and fraud.

Key decisions before you file

Before you file a Answer to a Complaint in Pennsylvania, a few decisions shape the document: which option to choose and what each one means. The Answer to a Complaint guide walks through them.

Open the Answer to a Complaint guide

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Pennsylvania Requirements for Answer to a Complaint

  • 20-Day Answer Deadline

    In a general civil case, 231 Pa. Code Rule 1026(a) requires you to file your answer within 20 calendar days after service of the complaint, but only if the complaint contains a notice to defend or is endorsed with a notice to plead. Count from the date you were served.

  • Confirm the Notice to Defend

    Under 231 Pa. Code Rule 1026(a), no pleading need be filed unless the complaint contains a notice to defend or is endorsed with a notice to plead. Check the complaint for that notice, because it is what makes your 20-day answer deadline run.

  • Court of Common Pleas Caption

    Pennsylvania has no statewide answer form. Draft the answer to respond to each numbered averment and format the caption under 231 Pa. Code Rule 1018, naming the Court of Common Pleas of the county and the docket number from the complaint.

  • File With the Prothonotary

    File the answer with the Prothonotary or Department of Court Records under 231 Pa. Code Rule 205.1. Many counties mandate electronic filing by local rule under Rule 205.4, so confirm your county's e-filing requirement before you file.

  • Serve the Plaintiff

    After filing, serve a copy of the answer on the plaintiff or the plaintiff's attorney by hand delivery or mail under 231 Pa. Code Rule 440.

  • Filing Fee or In Forma Pauperis Waiver

    The answer filing fee varies by county, so check the local Prothonotary fee schedule. If you cannot afford the costs of litigation, ask the court to waive them by filing a Petition to Proceed In Forma Pauperis under 231 Pa. Code Rule 240.

  • Applicable Affirmative Defenses

    Raise the affirmative defenses you intend to rely on, such as payment, release, statute of limitations, fraud, accord and satisfaction, and waiver. The statute of limitations on a written contract is four years under 42 Pa.C.S. Section 5525(a), a frequent defense in debt cases.

  • Counterclaim If Any

    Under 231 Pa. Code Rule 1031(a), a counterclaim is permissive. If you have a cause of action against the plaintiff that is cognizable in a civil action, you may set it forth in the same answer.

Frequently Asked Questions