Default judgment on a debt in Pennsylvania: what to do
Checked against official sources: Oct 25, 2026
In Pennsylvania:
- Ask the court to set aside the default judgment
- Magisterial District Court: there is no motion to reopen; you appeal to the Court of Common Pleas within 30 days after the judgment is entered, by filing a notice of appeal with the prothonotary…
- Claim an exemption if wages or a bank account are taken
- File a Claim for Exemption (in the form set by Pa.R.C.P. 3252(a)) with the sheriff, and ask for a prompt hearing.
- Do this now
- Get a copy of the case file from the court clerk: the complaint, the proof of service, the default and the judgment, with the date it was entered.
A default judgment means the court decided the debt case against you because no answer was filed or you didn't come to court. It is a court order, so the creditor can then ask to garnish wages or freeze a bank account as state law allows.
More about this
You may be able to ask the same court to set it aside (cancel it), for example if you were never properly served or had a good reason, but the time limits are short and differ by state and by reason.
General legal information, not legal advice. RobinClaim is not a law firm.
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Choose your state and answer 4 quick questions. The plan below changes as you answer: steps that don't fit your answers are hidden, and your state's deadlines appear. Your answers stay in the page address.
Your plan for Pennsylvania
Do now
Get a copy of the case file from the court clerk: the complaint, the proof of service, the default and the judgment, with the date it was entered.
Why: The dates and the proof of service decide which deadline applies and whether you were properly served.
Find your state's deadline to ask the court to set aside the default judgment, and mark it on a calendar.
Ask the court to set aside the default judgment
Pennsylvania: Magisterial District Court: there is no motion to reopen; you appeal to the Court of Common Pleas within 30 days after the judgment is entered, by filing a notice of…
Why: Limits differ by state and by reason, and the shortest can be a few weeks after the judgment.
If the judgment was entered in the last few weeks, contact legal aid or a consumer lawyer today and ask about filing a motion to set it aside right away.
Why: The shortest limits run from the date of the judgment. Some states also allow a motion for a new trial or an appeal, but only in the first days or weeks.
If you don't know when the judgment was entered, ask the clerk for the date of entry and whether a notice of it was mailed to you.
Why: Many limits count from the date of entry or from the day you were served with notice of the judgment.
If you never got the papers, read the proof of service: who served them, when, how and at what address.
Why: A judgment entered without proper service can often be set aside, and many states give more time to ask when you were never properly served.
Nothing extra here for your answers.
This week
File a motion to set aside (vacate) the default judgment with the court that entered it. Use the court's form if it has one, and attach your proposed answer if your state requires it.
Why: The judge needs a legal reason, such as improper service, a mistake or excusable neglect, and usually a defense to the debt.
In the motion, explain why you didn't answer and what your defense is: not your debt, wrong amount, already paid, too old to sue, or the plaintiff can't prove it owns the debt.
Why: Courts usually want both a good reason for the default and a real defense to the claim.
Ask the clerk whether you must set a hearing date and send a copy of the motion to the plaintiff's lawyer.
Why: A motion usually isn't decided until it is set for a hearing and the other side gets a copy.
If money is being taken, also file a claim of exemption by the deadline on the garnishment or levy notice.
Why: A motion to set aside can take weeks. The exemption claim protects money the law shields, such as part of your wages and federal benefits, while you wait.
If you were on active military duty, tell the court and ask it to reopen the judgment under the Servicemembers Civil Relief Act. Your base legal (JAG) office can help.
Why: Federal law lets the court reopen a default judgment entered during service or within 60 days after it, if your service affected your defense and you have a defense. You must apply within 90 days after leaving service.
Nothing extra here for your answers.
If it's not resolved
Go to the hearing with your documents. If the judge sets the judgment aside, file your answer by the date the court gives you.
Why: Setting aside the default reopens the case. You still have to defend it.
If the judgment stays, learn what is protected: read your state's rules below and the wage garnishment and bank levy plans.
Why: State and federal law protect part of your wages and some money, but you often have to claim it in time.
If a debt collector sued you far from where you live or signed the contract, or on a debt too old to sue on, you can complain to the CFPB and ask a consumer lawyer about the federal debt collection law.
Why: A debt collector must sue where you signed the contract or where you live, and must not sue on a time-barred debt. You can sue a collector that broke this law within 1 year.
If the judgment can't be set aside and you can't pay it all, you can ask the creditor's lawyer for a payment plan or settlement in writing, or ask legal aid about bankruptcy.
Why: Some creditors agree to a plan; get it in writing. A bankruptcy filing stops most collection while the case is open.
Nothing extra here for your answers.
Deadlines
Ask the court to set aside the default judgment
General rule: see state; the shortest limit can be a few weeks after the judgment
In Pennsylvania:
Magisterial District Court: there is no motion to reopen; you appeal to the Court of Common Pleas within 30 days after the judgment is entered, by filing a notice of appeal with the prothonotary (with a copy of the Notice of Judgment). The case is then heard anew. Because you were the defendant, you must file with your notice of appeal a praecipe (request) for a rule ordering the plaintiff to file a complaint within 20 days. Serve the notice of appeal and the rule on the plaintiff and the magisterial district judge (in person or by certified or registered mail) and file proof of service with the prothonotary within 10 days after filing the appeal, or the appeal can be stricken. Common Pleas: file a petition to open the default judgment with your proposed answer attached; if you file within 10 days after the default is entered on the docket, the court must open it if your answer states a meritorious defense (Pa.R.C.P. 237.3).
Law: Pa.R.Civ.P.M.D.J. 319(B), 1002(A), 1004(B), 1005, 1006; Pa.R.C.P. 237.1, 237.3 · checked Oct 2026 · Official source · From Debt Suit Map: Pennsylvania
Servicemembers: ask the court to reopen the judgment
General rule: Within 90 days after leaving military service, for a default judgment entered during service or within 60 days after (50 U.S.C. 3931(g))
Claim an exemption if wages or a bank account are taken
General rule: see state; the deadline is also printed on the garnishment or levy notice
In Pennsylvania:
File a Claim for Exemption (in the form set by Pa.R.C.P. 3252(a)) with the sheriff, and ask for a prompt hearing. The sheriff must notify the creditor and bank and present it to the court, which must hear it within 5 business days. The bank cannot be ordered to pay over for 20 days after it was served while a claim may be filed. In a magisterial district levy on goods, claim your $300 exemption with the executing officer; you can appeal his appraisal within 2 days.
Law: Pa.R.C.P. 3123.1; Pa.R.Civ.P.M.D.J. 406, 408 · checked Oct 2026 · Official source · From Debt Suit Map: Pennsylvania
How long the judgment lasts
General rule: see state
In Pennsylvania:
The creditor can issue execution against personal property within 20 years after the judgment. The judgment's lien on real estate must be revived within 5 years to keep it.
Law: 42 Pa.C.S. § 8101; 41 P.S. § 202; 42 Pa.C.S. §§ 5526(1), 5529(a) · checked Oct 2026 · Official source · From Debt Suit Map: Pennsylvania
Key facts for Pennsylvania
Debt Suit Map
- Time to answer a debt lawsuit
- as few as 20 days
- Shortest time to ask to cancel a default judgment
- 10 days
- Official answer form
- No official form found
- How long a judgment lasts
- 20 years
Debt Suit Map: Pennsylvania · checked Oct 2026
Debt Collector Map
- Time limit to sue on a debt
- 4 years
- Wage garnishment limit
- Not for most consumer debts
- State license for collectors
- No statewide license
Debt Collector Map: Pennsylvania · checked Oct 2026
Documents to gather
- Every page of the court file: complaint, proof of service, default and judgment
- Any notice of the judgment, garnishment or bank levy you received
- Proof of where you lived when the papers were supposedly served (lease, utility bills, mail)
- Your account records, payment receipts and letters from the collector
- Military orders, if you were on active duty
Where to go
- LocalThe court that entered the judgment (clerk and self-help center)
To get the court file, the form to set aside the judgment, a fee waiver and a hearing date
Debt Suit Map: Pennsylvania
- FederalLegal aid (Legal Services Corporation finder)
You need free legal help and have low or moderate income
- FederalConsumer Financial Protection Bureau (CFPB) complaint
A collector, debt buyer, lender or bank breaks the rules or won't fix a problem
- StateYour state attorney general (consumer protection)
To report a collector or debt buyer in your state; many AGs take consumer complaints
Costs
Filing a motion may cost a fee; courts can waive fees for people with low income (ask the clerk for the fee waiver form). While the judgment stands, interest and costs can keep adding up, at the rate your state sets.
Talk to a lawyer if
- You were never served with the court papers
- The deadline to set aside the judgment is close or has passed
- Your wages or bank account are already being taken
- You were on active military duty
- You don't recognize the debt or think it's identity theft
Free help
Free civil legal aid for people with low income: find your local program through the Legal Services Corporation (lsc.gov/about-lsc/what-legal-aid/get-legal-help) or LawHelp.org (lawhelp.org). Many legal aid offices handle debt collection lawsuits, default judgments, garnishment and bankruptcy. Servicemembers can use their base legal (JAG) office. Some courts have free volunteer-lawyer programs or self-help centers for debt cases; ask the clerk.
Guides for your state
- Default judgment in your state: the time limits to set it aside and what to file
- Set-aside deadline calculator for your state
- After a judgment in your state: wage garnishment, bank levies and exemptions
- How much of your pay and bank account can be taken in your state
- All topics for Pennsylvania (RobinClaim)
Guides for every state
Questions
Ask the court to set aside the default judgment in Pennsylvania: what is the rule?
Magisterial District Court: there is no motion to reopen; you appeal to the Court of Common Pleas within 30 days after the judgment is entered, by filing a notice of appeal with the prothonotary (with a copy of the Notice of Judgment). The case is then heard anew. Because you were the defendant, you must file with your notice of appeal a praecipe (request) for a rule ordering the plaintiff to file a complaint within 20 days. Serve the notice of appeal and the rule on the plaintiff and the magisterial district judge (in person or by certified or registered mail) and file proof of service with the prothonotary within 10 days after filing the appeal, or the appeal can be stricken. Common Pleas: file a petition to open the default judgment with your proposed answer attached; if you file within 10 days after the default is entered on the docket, the court must open it if your answer states a meritorious defense (Pa.R.C.P. 237.3). (Pa.R.Civ.P.M.D.J. 319(B), 1002(A), 1004(B), 1005, 1006; Pa.R.C.P. 237.1, 237.3)
Servicemembers: ask the court to reopen the judgment: what is the rule?
Within 90 days after leaving military service, for a default judgment entered during service or within 60 days after (50 U.S.C. 3931(g))
Claim an exemption if wages or a bank account are taken in Pennsylvania: what is the rule?
File a Claim for Exemption (in the form set by Pa.R.C.P. 3252(a)) with the sheriff, and ask for a prompt hearing. The sheriff must notify the creditor and bank and present it to the court, which must hear it within 5 business days. The bank cannot be ordered to pay over for 20 days after it was served while a claim may be filed. In a magisterial district levy on goods, claim your $300 exemption with the executing officer; you can appeal his appraisal within 2 days. (Pa.R.C.P. 3123.1; Pa.R.Civ.P.M.D.J. 406, 408)
How long the judgment lasts in Pennsylvania: what is the rule?
The creditor can issue execution against personal property within 20 years after the judgment. The judgment's lien on real estate must be revived within 5 years to keep it. (42 Pa.C.S. § 8101; 41 P.S. § 202; 42 Pa.C.S. §§ 5526(1), 5529(a))
When should I talk to a lawyer?
You were never served with the court papers; The deadline to set aside the judgment is close or has passed; Your wages or bank account are already being taken; You were on active military duty; You don't recognize the debt or think it's identity theft.
How much does it cost?
Filing a motion may cost a fee; courts can waive fees for people with low income (ask the clerk for the fee waiver form). While the judgment stands, interest and costs can keep adding up, at the rate your state sets.
Plans by state
Open the plan with one state's rules filled in:
Sources
- CFPB: What should I do if I'm sued by a debt collector or creditor?
- CFPB: What is a judgment?
- CFPB: Can a debt collector take or garnish my wages or benefits?
- 50 U.S.C. § 3931 (default judgments against servicemembers)
- 15 U.S.C. § 1692i (where a debt collector may sue)
- 12 CFR § 1006.26 (Regulation F: no suits on time-barred debts)
- 15 U.S.C. § 1692k (debt collector liability; 1-year limit)
- CFPB: Submit a complaint
- Legal Services Corporation: Get legal help
Plan checked Oct 2026. Independently fact-checked 2026-10-25.
This plan is general legal information, not legal advice. RobinClaim is not a law firm. Laws and deadlines change and have exceptions: check with the official source or a lawyer or legal aid office about your own case. How we research.