53 Pa. Stat. § 7271

Current through P.A. Acts 2023-32
Section 7271 - Judgment for want of affidavit of defense; assessment of damages; rule for judgment; replication

If no affidavit of defense be filed within the time designated, judgment may be entered and damages assessed by the prothonotary by default, for want thereof. Such assessment shall include a fee for collection to plaintiff's attorney in accordance with section 3.

If an affidavit of defense be filed, a rule may be taken for judgment for want of sufficient affidavit of defense, or for so much of the claim as is insufficiently denied, with leave to proceed for the residue.

The defendant may, by rule, require the plaintiff to reply, under oath or affirmation, to the statements set forth in the affidavit of defense, and after the replication has been filed may move for judgment on the whole record.

53 P.S. § 7271

1923, May 16, P.L. 207, § 19. Amended 1996, Feb. 7, P.L. 1, No. 1, § 2, effective in 60 days.