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Pennsylvania Answer to a Complaint

Pennsylvania gives you 20 calendar days to answer a complaint that contains a notice to defend under Pa.R.C.P. 1026(a). File on time to avoid default.

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

Responding to the Allegations

Affirmative Defenses and Counterclaims

Filing and Serving Your Answer

Customize your Answer to a Complaint Template with DocDraft

IN THE COURT OF COMMON PLEAS OF [COUNTY] COUNTY, PENNSYLVANIA

[PLAINTIFF NAME], Plaintiff, v. No. [DOCKET NUMBER] [DEFENDANT NAME], Defendant.

ANSWER TO COMPLAINT

(Caption formatted under 231 Pa. Code Rule 1018. File this answer within 20 days after service if the complaint contains a notice to defend or is endorsed with a notice to plead, per 231 Pa. Code Rule 1026(a).)

Defendant [DEFENDANT NAME] answers the Complaint of Plaintiff [PLAINTIFF NAME] as follows.

RESPONSES TO AVERMENTS

  1. The averments of paragraph 1 of the Complaint are [admitted / denied / denied because Defendant is without knowledge or information sufficient to form a belief as to their truth, which has the effect of a denial].
  2. The averments of paragraph 2 of the Complaint are [admitted / denied]. [Continue for each numbered paragraph of the Complaint.]

NEW MATTER AND AFFIRMATIVE DEFENSES First Defense: [e.g., the claim is barred by the four-year statute of limitations on a written contract under 42 Pa.C.S. Section 5525(a)]. Second Defense: [e.g., the alleged obligation has been paid]. [Add each affirmative defense you intend to rely on, such as release, waiver, fraud, accord and satisfaction, or statute of limitations.]

COUNTERCLAIM (if any) [Under 231 Pa. Code Rule 1031(a), Defendant may set forth any cause of action Defendant has against Plaintiff that is cognizable in a civil action. State the facts and relief sought for each count.]

WHEREFORE, Defendant requests that the Court enter judgment in Defendant's favor, dismiss the Complaint, award costs, and grant any other relief the Court deems just.

Date: [DATE]

[DEFENDANT NAME], Defendant [ADDRESS / PHONE / EMAIL]

CERTIFICATE OF SERVICE I certify that on [DATE] I served a copy of this Answer on [PLAINTIFF / PLAINTIFF'S ATTORNEY] at [ADDRESS] by [hand delivery / mail] under 231 Pa. Code Rule 440.

[DEFENDANT NAME]

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

In a general civil case, 231 Pa. Code Rule 1026(a) gives you 20 calendar days after service of the complaint to file your answer, but only if the complaint contains a notice to defend or is endorsed with a notice to plead. In Magisterial District Court small claims cases, there is no written answer because you notify the court of your intent to defend or appear at the hearing. Missing your deadline can lead to a default judgment.

Under 231 Pa. Code Rule 1026(a), no pleading needs to be filed unless the preceding pleading contains a notice to defend or is endorsed with a notice to plead. The notice to defend warns you that you must respond, usually within 20 days, or risk a judgment by default. If a complaint carries that notice, your 20-day clock to file an answer runs from the date you were served.

Claims over $12,000, requests for equitable relief, and matters outside Magisterial District Judge jurisdiction go to the Court of Common Pleas. Smaller money claims up to $12,000 are handled by the Magisterial District Court, where you do not file a formal written answer but instead notify the court of your intent to defend or appear at the scheduled hearing under 246 Pa. Code Rule 305.

Pennsylvania does not publish a statewide fill-in answer form. You draft the answer to respond to each averment in the complaint and follow the caption format in 231 Pa. Code Rule 1018. You file it with the Prothonotary or Department of Court Records under 231 Pa. Code Rule 205.1, and many counties now mandate electronic filing by local rule, so check your county's requirements.

If the complaint contained a notice to defend and you do not file in time, the prothonotary can enter a default judgment against you on the plaintiff's praecipe under 231 Pa. Code Rule 1037(b). You may petition to open or strike the default, and under 231 Pa. Code Rule 237.3(b) a petition filed within 10 days of the judgment being entered on the docket is presumed timely if you show a meritorious defense and a reasonable excuse for the delay.

Yes. Under 231 Pa. Code Rule 1031(a), a counterclaim is permissive, and a defendant may set forth in the answer any cause of action cognizable in a civil action that the defendant has against the plaintiff. You plead the counterclaim as part of the same answer. Common affirmative defenses you can raise alongside it include payment, release, statute of limitations, fraud, and waiver.