Being sued by a credit card company or a debt collector is frightening, but a lawsuit is not a judgment. Before anyone can take money from your bank account or sell your belongings, they have to prove in court that you owe the debt, that they own it, and that the amount is right. Attorney Burke has spent more than 20 years defending people in Northwestern Pennsylvania against credit card companies and debt collectors, and making them prove their case.

Who is suing you

Three kinds of companies file these lawsuits:

• The original creditor, such as the bank that issued the card.
• A debt buyer, a company that bought your account, often along with thousands of others, for a small fraction of the balance. Debt buyers file many of these lawsuits, and they often have little paperwork beyond a spreadsheet.
• A collection law firm hired by one of the two.

Whoever files, Pennsylvania law requires a claim based on a written contract to attach a copy of the contract or explain why it cannot. A debt buyer also has to show the chain of ownership from the original creditor to itself.

Where the case is filed, and what happens next

Magisterial District Judge. Claims up to $12,000 are usually filed with the local magisterial district judge. You will be served with a complaint that gives a hearing date, which has to be between 12 and 60 days after the complaint was filed. If you do not appear, the judge enters judgment against you on the plaintiff’s evidence. Either side can appeal the judgment to the Court of Common Pleas within 30 days, and the case then starts over there.

Court of Common Pleas. Larger claims, and appeals from the district judge, are handled in the county’s Court of Common Pleas. There, a complaint comes with a Notice to Defend, and you have 20 days after service to file a written response. If you do not respond, the plaintiff can take a default judgment.

The most important thing to know is that the deadlines are short, and the worst outcome is the one that happens automatically when you do nothing.

Defenses that win these cases

There are many defenses to these cases, and we will work with you to find whatever defenses may be available in your specific case.

How our office helps

We make sure a corporation has to prove that you owe money before it can get into your bank account or try to sell your belongings. Attorney Burke has worked for over 20 years defending people against credit card companies and debt collectors. He personally represents you at every court appearance and works with you through the end of your case.

• We defend collection lawsuits before the Magisterial District Judge and in the Court of Common Pleas, including appeals from the District Judge, and we defend every kind of consumer debt claim: credit cards, medical bills, personal loans, car loan deficiency balances, payday and online loans, and old accounts bought by debt buyers.
• We negotiate settlements for less than the balance claimed when settling is the better choice, and we put the terms in writing so the debt cannot come back.
• We deal with collectors before a lawsuit is filed: written disputes, demands for verification, and letters directing all contact to our office.
• After a judgment, we assert the exemptions that protect your property and benefits, get wrongful bank levies released, and challenge judgments entered without proper service.
• When the debts are more than any defense can solve, we handle Chapter 7 and Chapter 13 bankruptcy. See our Bankruptcy page.

Bring the court papers you were served, along with any letters, statements or payment records you have, to your first appointment.

We serve Crawford, Elk, Erie, Forest, Lawrence, McKean, Mercer, Potter, Venango and Warren counties.

Common Questions

I was served with papers from a magisterial district judge. What happens now?
The papers include a hearing date between 12 and 60 days after the complaint was filed. There is no written answer in that court; you defend by appearing at the hearing, where the plaintiff has to prove its case. If you do not appear, judgment is entered against you. Call as soon as you are served so there is time to prepare.

Can they garnish my wages?
Not for a credit card or other ordinary consumer debt. Pennsylvania allows wage attachment only for support, certain student loans, criminal fines and restitution, and up to 10 percent of net wages for a landlord’s rent judgment.

Can they take money out of my bank account?
Only after they win a judgment, and only money that is not protected. Social Security, SSI, veterans’ benefits and federal pensions are protected, and your bank has to leave two months of directly deposited federal benefits alone before it freezes anything. Pennsylvania also exempts $300 of your property.

The debt is years old. Can they still sue?
A lawsuit on a credit card debt has to be filed within four years in Pennsylvania. Collectors sometimes sue anyway, and the case is dismissed if the defense is raised. A payment or a written acknowledgment on an old debt can restart the four years, which is one reason to talk to a lawyer before you talk to the collector.

I never had an account with the company suing me. Why are they suing?
It is probably a debt buyer that purchased an account you had with someone else. It has to prove the chain of ownership from the original creditor to itself, as well as the balance, and debt buyers often cannot.

What happens if I ignore the lawsuit?
A default judgment, which is a judgment entered without anyone hearing your side. It can then be used to levy your bank account and becomes a lien on any real estate you own. Ignoring the papers is the one choice that guarantees you lose.

Can the case be settled?
Many collection cases are resolved for less than the amount claimed, and a weak case for the plaintiff is a strong reason for it to settle. Whether to settle, defend, or file bankruptcy depends on the proof, the amount, and your other debts, and that is what the first consultation is for.

What can a collector not do?
Call before 8 a.m. or after 9 p.m., call you at work when your employer does not allow it, harass or threaten you, lie about what it can do, tell others about your debt, or keep contacting you once it knows a lawyer represents you. Pennsylvania applies these rules to original creditors as well as collectors.

Should I talk to the collector?
You have the right to dispute the debt in writing within 30 days of the collector’s first notice, and the collector must then stop until it verifies the debt. Anything you say or pay can be used later, and a payment can restart the statute of limitations, so it is wise to know where you stand before you call.

Can I go to jail for a credit card debt?
No. There is no jail for owing money on a consumer debt.

Call for a consultation

Call 814-807-0972 or use the contact form. The consultation fee is $50. The sooner we see the papers, the more options you have.

This page is general information as of 2026, not legal advice about your situation.