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Should you negotiate after filing a court response to the lawsuit brought forth by credit card collection?

Philadelphia, PA |

If you have filed a "denied" response for all accusations in court and a trial is to be determined, does time continue to accrue for the statue of limitations or is it frozen in time? Civil court is backed by at least 2 years, if not longer. Is it worthwhile to negotiate after you filed and are just waiting?

Attorney Answers 2


  1. No, the statute of limitations does not continue to run once the suit is filed regardless of how long it takes to resolve the suit. On the other hand, if the plaintiff's suit is dismissed without prejudice to refile for some reason, then the refile has to be within the statute of limitations. (At least in Florida where I practice law).

    Your Answer or response which is a denial of the Complaint is mainly a formality which says I won't admit the allegations of the Plaintiff because I want him to prove them in court.

    Yes, you can negotiate with the plaintiff after you have filed such a response. There may be certain advantages to the Plaintiff to reduce the amount being demanded in order to resolve the matter quickly, or not have to go through the expense of proving the case in court, or any number of other reasons which give the defendant some bargaining power.

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

    If you have found the answer helpful, please check the thumbs-up box below.


  2. You say the trial is two years out, so that probably means you are in the Court of Common Pleas rather than Municipal Court. Pennsylvania is a fact pleading state. If you simply denied the averments in the complaint, the other party may file preliminary objections. You may also want to raise new matter or a counterclaim in your answer. Assuming the other party has not filed preliminary objections, it always pays to negotiate prior to trial. Another more effective course of action would be to conduct discovery and file a motion for summary judgment at the conclusion of the discovery.
    As to the statute of limitations, it is frozen at the time the suit is filed by the other party, no matter how long it takes to go to trial.
    There are a number of pro se litigants in the Pennsylvania Court system. To be successful you will need to do some additional research to prevail in your case. It might also be worth your time to consult with one or more attorneys about your case and then decide if it is worth litigating or settling the case.

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