Notice of Intent to Defend Pennsylvania

The Notice of Intent to Defend is the single most important piece of paper a defendant handles in a Pennsylvania Magisterial District Court case. Filing it correctly does two things: it tells the judge you plan to show up, and it gives you a tactical advantage if the plaintiff does not.

What the Notice of Intent to Defend Is

Under Pa.R.C.P.M.D.J. Rule 305(d), a defendant who plans to defend should notify the court in writing. You can use the Notice of Intent to Defend form included with the complaint or send a signed statement identical to it. Rule 305 does not set a five-day deadline for this notice.

You are not writing a legal brief or drafting a formal answer. The notice simply tells the court: "I will be there, and I intend to defend."

The Written Notice Requirement

Send the written notice to the court before the hearing. The five-day filing deadline applies to a cross-complaint under Rule 315, not to the Notice of Intent to Defend.

Use the court-provided form or a signed statement identical in content, and follow the filing instructions in your complaint packet. Keep a copy for your records.

Why Filing It Matters More Than Most People Realize

Rule 319 creates a powerful incentive to give this notice. If the plaintiff has been notified of your intent to defend and then fails to appear while you do appear, the Magisterial District Judge must enter judgment in your favor or continue the case for cause.

If the plaintiff does not appear and you do, but the plaintiff has not been notified of your intent to defend, the judge must continue the case. Filing costs nothing and takes five minutes.

What the Notice Does Not Do

Filing the notice does not require you to explain your defense, list your evidence, or make any legal arguments. Those happen at the hearing itself. It also does not prevent you from settling before the hearing — but if you settle, the parties may file a written notice of settlement signed by both of them, or the plaintiff may file a written withdrawal before the hearing starts, so the court can mark the case settled or withdrawn and cancel the hearing.

Philadelphia Works Differently

If your case is in Philadelphia Municipal Court rather than a county Magisterial District Court, you will not use a Notice of Intent to Defend. If the papers include a Notice of Defense and return envelope, mail the form to the court at least five days before trial. The court says you do not need to return it if the envelope is not included.

For a complete walkthrough of every deadline and form from service to hearing, the Pennsylvania Small Claims Response Guide covers both the MDC and Philadelphia procedures side by side.

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