Municipal Court - Civil Division

Understanding Why You Are Being Sued

Read the Statement of Claim (example below). The Statement of Claim is how a person or business says you owe them money. On the Statement of Claim, they will write how much they think you owe them and why. This explains why they are suing you. To sue you, they must hire someone to hand-deliver you a copy of the Statement of Claim. Because you are being sued you are the defendant. The other side is called the plaintiff.

Write down the time, date, and place of your hearing. This information is on the bottom left side of the Statement of Claim. Look under the words “Summons to the Defendant” (picture below). Your hearing will be in a room on the sixth (6th) floor, 1339 Chestnut Street, Philadelphia, PA 19107. You must be on time for your hearing. If you are late, you may lose. If you don’t show up, you will automatically lose

If you need more time before your hearing you can ask to have the hearing date rescheduled. This is called a continuance. You have to ask the court for a continuance in writing and tell the other side. Learn more about how to ask for your hearing date to be rescheduled.

Responding to the Case

If you agree that you owe the other side the money they are asking for, contact them (or their lawyer) before the hearing date. You can work with them to figure out how to pay them.

If you disagree that you owe another person or company money, you have a few options:

• Negotiate a lower amount or use a mediator to find a compromise. Both sides can negotiate to come to an agreement before going to court. You can also use a mediator who can help you discuss and negotiate. If you want to work with a mediator before going to court, you can contact Good Shepherd. On the day of your hearing, the court may be able to provide you with a mediator with the Dispute Resolution Unit.

• Go to court and challenge the case. If you want to defend yourself, you can ask court staff to move your case so that a judge will make the decision. You should be ready to explain your side of the story to the judge. It is the job of the company or the person suing you to prove their case with evidence. If you have proof that you should not have to pay the other side, make sure to bring it to court and bring copies to give to the other side. Proof can include contracts, bills, letters, canceled checks, and receipts.

• Submit your own lawsuit. You can respond to a case by starting one of your own. If your new lawsuit involves the same people as the one against you, your lawsuit will be called a counterclaim. A counterclaim is your way of saying “I don’t owe you money. You owe me money.” You should be able to prove that you are right or at least that the other side is not right.
  

• Say that you were not told about the case in the right way. The other side must tell you that you are being sued in a specific way. This is called Service of Process. There are rules about how the other side must tell you. Generally, someone has to give you a copy of the lawsuit in person. If you are not home, they can give it to an adult who is in charge of your home. They should not leave it in your mailbox, on your porch, or with a neighbor. If you were not told about the lawsuit in the right way, you can tell the court. Tell the court in person during your first hearing or write a letter to the court. To learn more about how to tell someone about a lawsuit, watch this short video.

• Ignore the lawsuit. If you do nothing, the other side will automatically win the case. This is called a Default Judgment. The court will send you a letter saying the date the decision was made, and the amount you have to pay. This will also create a lien on any property you own, including your home. This means that the other side may be able to claim your property, including by taking money from your bank account. A judge might also ask the other side to prove you owe them money. If the judge decides that the other side did not have enough evidence, they might schedule a new hearing. 

Check to See if You Were Given a Notice to Defend

If you received a Notice to Defend and you want to challenge the lawsuit, complete the form. You might want to challenge the lawsuit because you don’t think you should have to pay some or all of what the other side wants. You might also want to challenge the lawsuit because you don’t think you owe money to the company that is suing you.

• Make a copy if you can
• Mail the Notice to Defend to the person or company that is suing you at least 5 days before the hearing
• Bring a copy of the Notice to Defend to the hearing
• Use the addressed envelope that came with the Notice to Defend. If the Notice to Defend did not come with an envelope, you do not have to fill it out. You can still challenge the lawsuit, but you will have to come to court more than once.
• By filing The Notice to Defend, you are telling the court three things:
• You plan to challenge the case (you don’t believe you should have to pay the other side some or all of the money they are asking for)
• You want a judge to decide your case (you want a hearing)
• You want the other side to be ready to prove their case on your first trip to court. This way, you do not have to go to court more than once.
• If you have completed and returned the Notice to Defend and your case is scheduled in Room 5, you will need to ask the court staff to transfer your case to a trial room (Room 2 or 6) as soon as you arrive. This is because there is no judge in Room 5 to decide your case.

If Your Organization is Being Sued for Money

Businesses, corporations, and partnerships can be sued. If you represent an organization, you must be an executive officer (President, Vice President, Secretary, or Treasurer). Bring proof that you are allowed to speak for the organization. Proof could be things like articles of incorporation showing that you are an officer of the corporation. You may also complete and bring an Authorized Representative Form.