Debt Defense Resources
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YOUR DAY IN COURT
What do you need to do to prepare for your day in Court?
-Confirm the date, time, and location of the hearing with our office. This information is also available on your court paperwork, online docket, and our client portal. You should arrive 15-30 minutes early to ensure you have time to find parking, go through courthouse security, find your courtroom, and locate your attorney. If you arrive at the courtroom and cannot locate your attorney outside the courtroom, please call our office as the attorney could be handling another hearing at that time.
-Make sure you dress appropriately. We suggest business attire, or business casual attire, in neutral colors. No sandals or hats in the courtroom. Most courts do not allow food or beverages in the courtroom. If you have a medical condition that may require you to bring food or a beverage with you, please let us know ahead of time. Please also make sure cell phones are silenced when entering the courtroom. Be quiet and respectful in the courtroom at all times.
– Bring any documents with you may support your defenses. For example, if you dispute owing the debt because of fraud and you filed a police report, bring the police report that you filed. You should discuss in advance any evidence you have supporting your defenses with your attorney. Your attorney will also want you to provide a copy.
– Settlement is often encouraged prior to the hearing. Know what you can afford on a monthly basis to settle the debt. If you are working with a debt settlement company, know what funds you have available, or if you will need to provide additional funds in order to reach a settlement. Your attorney will likely already be in discussion with the other attorney and know what will be needed to reach a settlement.
– Below are a few helpful guides that review what you can expect in the courtroom during the hearing.
STATE COURT GUIDES
Here are some helpful guides:
Pennsylvania – Magisterial District Court
LEGAL TERMINOLOGY
During your course of your case, you may hear terms that are unfamiliar to you. Many courts will have a glossary of terms available on their website.
See as an example, the Pennsylvania Unified Judicial System Legal Glossary.
Common Terms you will hear from us:
Complaint: This is the document filed by the creditor or debt collector setting forth their claims against you.
Answer: Your response to the creditor or debt collector’s claims against you. We will file this with the court.
Conference (or Hearing): Courts set many types of conferences, i.e. case management, pretrial, status, settlement, etc. Most of these conferences we will attend on your behalf. In some situations, we may ask that you attend with us. In most situations the court is looking for the parties to advise on the status of the matter, set dates, or discuss settlement.
Continuance/Adjournment/Postponement: This is when the court moves a hearing, conference, or trial to another date. This is often done at a party’s request but can also be done on the court’s own initiative. Usually this is done for scheduling conflicts, or to allow parties additional time to discuss a matter.
Discovery: This is how parties gather information about their case. You may receive requests for production (asking for documents from you); interrogatories (asking you written questions); or requests for admission (asking you to admit or deny certain statements about the case). In some cases, you may also have a deposition (oral examination with a court reporter) or a request to exam some physical items.
Mediation: This is an informal process where you and your attorney meet with a neutral third-party mediator, the creditor/debt collector, and their counsel, and try to reach a settlement.
Arbitration: During an arbitration, a neutral third-party (and in some jurisdictions more than one third-party), usually an attorney appointed by the court, listens to both sides (the creditor/debt collector and then you), and then makes a decision, either entering judgment for the creditor/debt collector, or denying them a judgment. This is often appealable for a fee, meaning you can ask a Judge to review this decision. This is not to be confused with arbitration through programs like AAA, which has limited appeal options. This is court-appointed arbitration.
Motion for Summary Judgment: This is a motion filed by a party, typically by the creditor or debt collector in these types of cases, where the party states there are no factual disputes, and judgment should be entered in their favor without a trial. Trial is only needed if there are disputes of fact, as a judge or jury would consider those factual disputes, making decisions as to what is true and not true, but if there are no factual disputes, then judgment can be entered by the judge without trial. If there is a factual dispute, we will advise the court and ask that judgment not be entered by summary judgment.
Trial: A trial is a final hearing in a case. The Judge (or in some cases a jury – a group of individuals) will listen to your case and decide whether or not you owe the debt and then either enter a judgment for the creditor/debt collector or not enter a judgment for them. Evidence (written information or documents supporting the claim) is submitted, and the Judge or jury will review this information, along with any testimony (oral statements made in the courtroom by witnesses). It is important to note that not all documents may be presented as evidence, and not all witnesses may be able to testify. There are rules of evidence that must be followed, and the court may not allow certain things to be shared with the court or a jury.
Settlement: This is an agreement between you and your creditor/debt collector. You will usually agree to pay either a lump sum or monthly payments to the creditor, and in exchange the creditor will agree to dismiss the case or not collect on a judgment.
Judgment: This is a court’s final ruling.
Garnishment: This is a court order directing money or property of someone be seized to satisfy a debt owed to another. This could happen to a bank account or wages, for example.
Levy: A legal seizure of property.
**Please note this should not be used as legal advice. This is just guidance offered to our clients. You should always consult with our office, or your attorney for advice in your particular matter.**
