Answer to Debt Collection Lawsuit (with FDCPA Affirmative Defenses) - Pennsylvania

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

CIVIL DIVISION

No. [____________]

DEFENDANT'S ANSWER, AFFIRMATIVE DEFENSES, NEW MATTER, AND COUNTERCLAIM (IF ASSERTED)

Filed Pursuant to Pa.R.C.P. 1026, 1029, and 1030

NOTICE TO PLEAD TO NEW MATTER AND COUNTERCLAIM (IF ASSERTED)

To: [PLAINTIFF OR PLAINTIFF'S COUNSEL NAME AND ADDRESS]

You are notified to plead to the New Matter below and, if a Counterclaim is asserted below, to that Counterclaim within twenty (20) days after service of this pleading. If you do not respond to a matter requiring a response, a default judgment may be entered against you.

Signature of Defendant or counsel: [________________________________]

Address: [________________________________]

Defendant, [____________] ("Defendant"), appearing [☐ pro se / ☐ by and through undersigned counsel], answers the Complaint filed by Plaintiff, [____________] ("Plaintiff"), and pleads New Matter, stating as follows:

I. PRELIMINARY STATEMENT AND RESERVATION OF RIGHTS

1. Defendant files this Answer and New Matter within the applicable response period under Pa.R.C.P. 1026(a). Any preliminary objection must be raised through the proper procedure under Pa.R.C.P. 1028; this Answer does not itself file one.

2. Defendant does not admit that Plaintiff has stated a claim upon which relief may be granted or owns the alleged debt. Defendant asserts only the defenses and objections actually pleaded below or in a separately filed preliminary objection.

3. Defendant does not have possession of the underlying account documents and demands that Plaintiff produce strict legal proof of each element of its claim, including the existence, ownership, amount, and enforceability of the alleged debt.

II. ANSWER — RESPONSES TO THE NUMBERED PARAGRAPHS

4. Paragraph 1 of the Complaint: [____________]
   ☐ Admitted ☐ Specifically denied because [FACTS: ____________] ☐ After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment, which is therefore denied (Pa.R.C.P. 1029(c)).

5. Paragraph 2 of the Complaint: [____________]
   ☐ Admitted ☐ Specifically denied because [FACTS: ____________] ☐ After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment, which is therefore denied (Pa.R.C.P. 1029(c)).

6. Paragraph 3 of the Complaint: [____________]
   ☐ Admitted ☐ Specifically denied because [FACTS: ____________] ☐ After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment, which is therefore denied (Pa.R.C.P. 1029(c)).

7. Paragraph 4 of the Complaint: [____________]
   ☐ Admitted ☐ Specifically denied because [FACTS: ____________] ☐ After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment, which is therefore denied (Pa.R.C.P. 1029(c)).

8. Paragraph 5 of the Complaint: [____________]
   ☐ Admitted ☐ Specifically denied because [FACTS: ____________] ☐ After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment, which is therefore denied (Pa.R.C.P. 1029(c)).

9. Paragraph [____] of the Complaint: [____________]
   ☐ Admitted ☐ Specifically denied because [FACTS: ____________] ☐ After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment, which is therefore denied (Pa.R.C.P. 1029(c)).

10. Paragraph [____] of the Complaint: [____________]
    ☐ Admitted ☐ Specifically denied because [FACTS: ____________] ☐ After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment, which is therefore denied (Pa.R.C.P. 1029(c)).

III. NEW MATTER (AFFIRMATIVE DEFENSES)

Without admitting any liability and expressly reserving the right to amend under Pa.R.C.P. 1033, Defendant asserts the following affirmative defenses as New Matter pursuant to Pa.R.C.P. 1030. Defendant should select only those defenses supported by the facts; pleading clearly inapplicable defenses may be subject to Pa.R.C.P. 1023.1.

11. ☐ Statute of Limitations. Plaintiff's claim is barred, in whole or in part, by the four-year statute of limitations applicable to contract actions under 42 Pa.C.S. § 5525, including actions upon an express contract not founded upon a writing (§ 5525(a)(3)), upon a contract implied in law (§ 5525(a)(4)), and upon a contract or liability founded upon a writing (§ 5525(a)(8)). The alleged debt accrued more than four years before this action was commenced, and the claim is time-barred.

12. ☐ Disputed Right to Enforce; Real Party in Interest. Defendant disputes Plaintiff's asserted right to enforce Defendant's account because [SPECIFIC FACTS]. Pa.R.C.P. 2002(a) generally requires an action to be prosecuted in the name of the real party in interest, subject to the rule's stated exceptions. Defendant requests proof that Plaintiff's asserted assignment or other authority reaches this account.

13. ☐ Failure to State a Claim / Legal Insufficiency. The Complaint is legally insufficient and fails to state a cause of action upon which relief may be granted, and Defendant preserves preliminary objections in the nature of a demurrer under Pa.R.C.P. 1028(a)(4) to the extent not waived.

14. ☐ Collection-Conduct Defense or Setoff (if authorized). Defendant asserts [SPECIFIC DEFENSE OR SETOFF] under [CURRENT STATE AUTHORITY] because [MATERIAL FACTS]. A claimed FDCPA violation by itself does not establish a defense to the debt. If a separate § 1692g claim is asserted, identify the covered collector and debt, the initial communication and required notice or a timely written dispute, and the specific conduct that violated the cited subsection. A formal civil pleading is not an initial communication under 15 U.S.C. § 1692g(d). Delete this option if no supported defense or setoff applies.

15. ☐ Violation of the Fair Credit Extension Uniformity Act. Plaintiff and/or its predecessors engaged in unfair or deceptive debt collection acts or practices in violation of the Pennsylvania Fair Credit Extension Uniformity Act ("FCEUA"), 73 P.S. § 2270.1 et seq. Under 73 P.S. § 2270.4(a), a debt collector's violation of any provision of the FDCPA constitutes an unfair or deceptive debt collection act or practice, and under 73 P.S. § 2270.5(a) a FCEUA violation constitutes a violation of the Unfair Trade Practices and Consumer Protection Law ("UTPCPL"), 73 P.S. § 201-1 et seq.

16. ☐ Plaintiff Not Authorized to Collect. To the extent Plaintiff is required to register, be bonded, or be otherwise authorized to engage in collection in this Commonwealth, or to qualify as a foreign entity to do business in Pennsylvania, Plaintiff has failed to plead or prove compliance. [verify the applicable requirement before relying on this defense — see guidance note below.]

17. ☐ Payment, Accord and Satisfaction, Release, Discharge. The alleged debt has been paid, satisfied, settled, released, discharged (including by discharge in bankruptcy), or otherwise extinguished, in whole or in part. (Pa.R.C.P. 1030(a).)

18. ☐ No Account Stated; No Agreement to the Balance. Defendant never received, reviewed, or assented to the balance alleged, and never agreed that the stated sum was a true and correct statement of the account. The elements of an account stated are not satisfied.

19. ☐ Statute of Frauds. To the extent Plaintiff relies on an agreement required to be in writing, the claim is barred by the statute of frauds. (Pa.R.C.P. 1030(a).)

20. ☐ Erroneous or Unauthorized Amount; Unauthorized Fees; Usury. The amount claimed is incorrect, inflated, or includes interest, fees, or charges that were not authorized by any agreement, are unconscionable, or exceed the rate permitted by law. Plaintiff must itemize and substantiate every component of the amount demanded.

21. ☐ Service or Personal Jurisdiction Objection Filed Separately. Defendant filed preliminary objections challenging [service / personal jurisdiction] on [DATE], docket entry [NUMBER]. This reference does not substitute for filing those objections under Pa.R.C.P. 1028. Delete this paragraph if none were filed.

22. ☐ Failure to Mitigate. Plaintiff and/or its predecessors failed to take reasonable steps to mitigate the damages alleged.

23. ☐ Hearsay; Lack of Foundation for Account Records. Defendant objects to admission of the account records identified as [RECORDS] because [SPECIFIC MISSING FOUNDATION OR RELIABILITY FACTS]. Under 42 Pa.C.S. § 6108(b), Plaintiff must establish the records' identity and preparation through a custodian or other qualified witness and satisfy the regular-course, timing, and reliability requirements. Delete this defense if the record and available facts do not support it.

24. ☐ Estoppel, Waiver, and Laches. Plaintiff's claims are barred, in whole or in part, by the doctrines of estoppel, waiver, and/or laches. (Pa.R.C.P. 1030(a).)

25. ☐ Amendment Caution. This answer does not create a unilateral right to add defenses, claims, or parties. Any later amendment must comply with Pa.R.C.P. 1033 and applicable waiver and joinder rules.

IV. DEMAND FOR DOCUMENTATION AND STRICT PROOF

26. Defendant demands that, before judgment, Plaintiff produce admissible evidence of each of the following:

a. The signed account agreement, cardholder agreement, or contract under which the alleged debt arose, together with all amendments and change-of-terms notices;

b. A complete set of monthly account statements from inception through charge-off, evidencing the transactions, charges, payments, interest, and fees that make up the balance claimed;

c. An itemization of the principal, interest, fees, and other charges comprising the amount demanded, with the contractual or statutory authority for each charge;

d. Records linking Defendant's account to any assignment or other authority on which Plaintiff relies to enforce the debt; and

e. Proof that Plaintiff is the present owner and real party in interest entitled to enforce the alleged debt.

V. COUNTERCLAIM (COMPLETE ONLY IF ASSERTED)

☐ Defendant asserts a counterclaim against Plaintiff in this Answer.

27. Plaintiff is [IDENTIFY THE COLLECTOR OR CREDITOR AND ITS ROLE]. The debt at issue is [IDENTIFY CONSUMER DEBT].

28. On [DATE], Plaintiff [DESCRIBE THE SPECIFIC COMMUNICATION OR ACT, ITS CONTENT, AND RECIPIENT]. Further relevant facts are [DATES AND FACTS].

29. ☐ FDCPA claim. Plaintiff's conduct described above violated 15 U.S.C. § [SPECIFIC FDCPA SUBSECTION] because [FACTS SATISFYING EACH ELEMENT]. Defendant suffered [ACTUAL HARM, IF ANY] and seeks relief authorized by 15 U.S.C. § 1692k, including any proven actual damages, any additional statutory damages awarded by the court, and costs and a reasonable attorney's fee if authorized.

30. ☐ FCEUA/UTPCPL claim. The acts described above violated 73 P.S. § 2270.4 [SPECIFIC SUBSECTION AND FACTS] and therefore constitute a violation under 73 P.S. § 2270.5. Defendant seeks relief under 73 P.S. § 201-9.2 based on [FACTS SUPPORTING PRIVATE RELIEF AND HARM].

31. Defendant requests judgment on the counterclaim for [SPECIFY AMOUNT OR RELIEF], costs and attorney's fees to the extent authorized, and any other appropriate relief.

VI. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Court:

A. Dismiss Plaintiff's Complaint with prejudice and order that Plaintiff take nothing;

B. Enter judgment in favor of Defendant on all claims;

C. Award Defendant the costs of this action and, to the extent permitted by law or contract, reasonable attorney's fees;

D. Grant Defendant any counterclaim relief asserted herein; and

E. Grant such other and further relief as the Court deems just and proper.

VII. JURY TRIAL DEMAND

☐ Yes — Defendant demands trial by jury on all issues so triable, pursuant to Pa.R.C.P. 1007.1 and Pa. Const. Art. I, § 6.

☐ No — Defendant does not demand a jury trial at this time.

VIII. VERIFICATION

I, [____________________________________], verify that I am the Defendant in this action (or an authorized representative of the Defendant) and that the statements made in the foregoing Answer, Affirmative Defenses, New Matter, and Counterclaim (if asserted) are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

Date: [__/__/____] Signature: /s/ [____________________________________]

[Printed Name: ____________________________________]

IX. SIGNATURE

Respectfully submitted this [____] day of [____________], 20[____].

/s/ [____________________________________]

[____________________________________]
☐ Defendant, pro se ☐ Attorney for Defendant
Pa. Attorney I.D. No. (if attorney): [____________]
[Firm Name, if applicable]
[Street Address]
[City], Pennsylvania [____]
Telephone: ([____]) [____]-[________]
Email: [____________________________________]

X. CERTIFICATE OF SERVICE

I hereby certify that on the [____] day of [____________], 20[____], a true and correct copy of the foregoing Defendant's Answer, Affirmative Defenses, New Matter, and Counterclaim (if asserted) was served upon Plaintiff's counsel of record (or upon Plaintiff, if unrepresented) in the manner indicated below, in accordance with Pa.R.C.P. 440:

☐ PACFile / county electronic-filing system (notice to all counsel of record)
☐ U.S. First-Class Mail, postage prepaid
☐ Certified Mail, Return Receipt Requested
☐ Hand Delivery
☐ Email (by agreement / where permitted)

Addressed to:

[____________________________________]
[____________________________________]
[____________________________________]

/s/ [____________________________________]

[____________________________________]

XI. CERTIFICATE OF COMPLIANCE WITH CASE RECORDS PUBLIC ACCESS POLICY

I certify that this filing complies with the provisions of the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania that require filing confidential information and documents differently than non-confidential information and documents.

Submitted by: [____________________________________]

Signature: [____________________________________]

Printed name: [____________________________________]

Attorney I.D. No. (if applicable): [____________]

Date: [__/__/____]

PENNSYLVANIA PRACTICE NOTES

• Answer deadline: 20 days after service of the Complaint or of a notice to plead in the Court of Common Pleas (Pa.R.C.P. 1026(a)). A Court of Common Pleas complaint carries a Notice to Defend under Pa.R.C.P. 1018.1. For a default by praecipe after failure to plead, the plaintiff must give a separate ten-day notice of intent after the failure and before filing the praecipe under Pa.R.C.P. 237.1. In a Magisterial District Court case there is no written Answer; the defendant appears at the hearing on the date stated in the complaint.
• Courts: The Court of Common Pleas is the court of general jurisdiction. Outside Philadelphia, smaller consumer-debt claims are commonly filed before a Magisterial District Judge (informal procedure; no written Answer). In Philadelphia, small claims up to $12,000 are heard by the Municipal Court Civil Division. Check the court in the complaint and use this Answer-and-New-Matter format for a Court of Common Pleas case, including an appeal de novo from a Magisterial District Court judgment.
• New Matter required (Rule 1030): ALL affirmative defenses — statute of limitations, payment, release, accord and satisfaction, discharge in bankruptcy, statute of frauds, estoppel, fraud, illegality, waiver, and others — must be pleaded as New Matter; a defense omitted from New Matter is waived (Rellick-Smith v. Rellick, Pa. 2021). Restate the defenses in New Matter, not merely as denials.
• Notice to plead: Serve this Answer with a notice covering the New Matter and any Counterclaim actually asserted, so the plaintiff is directed to respond to both. Centre County's current court forms provide separate notices for each.
• Preliminary objections: A sentence in New Matter does not itself file a preliminary objection. If service or personal jurisdiction is contested, review Pa.R.C.P. 1028 and 1032 and file any available objection using the proper procedure and deadline.
• Verification required (Rule 1024): The Answer and New Matter must be verified; an unverified pleading is subject to being stricken.
• Denials (Rule 1029): An averment not denied is deemed admitted (Rule 1029(b)); for facts outside the defendant's knowledge, use the Rule 1029(c) "after reasonable investigation... without knowledge or information" statement, which has the effect of a denial.
• Statute of limitations on debt: 4 years for contract actions (42 Pa.C.S. § 5525) — shorter than most states. Runs generally from default / last activity. A choice-of-law clause may import another state's period. Confirm characterization and accrual before relying.
• State UDAP: The Fair Credit Extension Uniformity Act (73 P.S. § 2270.1 et seq.) makes an FDCPA violation an unfair/deceptive debt-collection practice (§ 2270.4(a)), and a FCEUA violation constitutes a UTPCPL violation (§ 2270.5(a)) enforceable through the private cause of action at 73 P.S. § 201-9.2 (actual damages or $100, up to treble damages, plus attorney fees).
• Counterclaim: If asserting a counterclaim, complete the Counterclaim section within this Answer and identify the facts and relief for each selected claim. The Allegheny County court form places its counterclaim in the answer.
• Public-access compliance: Include the certificate above with the filing unless the court's filing process supplies an equivalent certification. Allegheny County accepts its e-filing compliance checkbox or the certification incorporated in its Confidential Document Form.

Sources and References

• Pennsylvania Rules of Civil Procedure (Pa. courts): https://www.pacourts.us/courts/supreme-court/court-rules
• Pa.R.C.P. 2002 (real party in interest; official publisher is robots-disallowed): https://www.pacodeandbulletin.gov/secure/pacode/data/231/chapter2000/s2002.html
• Allegheny County court Answer and Counterclaim form: https://www.alleghenycourts.us/wp-content/uploads/2023/02/2023.02.06-Answer-and-Counterclaim.pdf
• Allegheny County court public-access filing guidance: https://www.alleghenycourts.us/general-information/public-access-policy/
• Fayette County court Certificate of Compliance form: https://www.fayettecountypa.org/DocumentCenter/View/443/Certificate-of-Compliance-PDF
• Centre County Court of Common Pleas, Notice to Plead to New Matter form (rev. 1/2026): https://centrecountypa.gov/DocumentCenter/View/44193/Notice-to-Plead-to-New-Matter-and-New-Matter-form
• Pa.R.C.P. 1030 (New Matter): https://www.law.cornell.edu/regulations/pennsylvania/231-Pa-Code-r-1030
• 42 Pa.C.S. § 5525 (four-year limitation): https://codes.findlaw.com/pa/title-42-pacsa-judiciary-and-judicial-procedure/pa-csa-sect-42-5525/
• 73 P.S. § 2270.4 (FCEUA — unfair/deceptive acts): https://codes.findlaw.com/pa/title-73-ps-trade-and-commerce/pa-st-sect-73-2270-4/
• Pennsylvania Unfair Trade Practices and Consumer Protection Law (73 P.S. § 201-1 et seq.): https://www.attorneygeneral.gov/wp-content/uploads/2018/02/Unfair_Trade_Practices_Consumer_Protection_Law.pdf
• Rellick-Smith v. Rellick (Pa. 2021) (waiver of SOL omitted from New Matter): https://www.pacourts.us/assets/opinions/Supreme/out/J-25-2021oajc%20-%20104928653149485274.pdf
• Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq.: https://www.ftc.gov/legal-library/browse/rules/fair-debt-collection-practices-act-text
• CFPB — debt that is several years old / time-barred debt: https://www.consumerfinance.gov/ask-cfpb/can-debt-collectors-collect-a-debt-thats-several-years-old-en-1423/