Claims for $12,000 or less can be filed either in the Magisterial District Court or the Common Pleas Court. The Magisterial District Court is Pennsylvania’s small claims court. Claims are resolved more quickly in a more informal setting than the Common Pleas Court, and you do not need an attorney. [2] X Research source Claims in the Magisterial District Court are heard by a Magisterial District Judge. By filing your claim there, you waive the right to have a jury trial. [3] X Research source Philadelphia County has a separate system called Municipal Court, but the process is for the most part similar to filing in a small claims court elsewhere in the state. [4] X Research source
Generally you will want to file suit in the court nearest to where the person you want to sue lives. You also may file your suit where the event happened that gave rise to your claim. MDJs are listed on the website of the Unified Judicial System of Pennsylvania. The MDJ nearest you can tell you where you should file your suit. [5] X Research source
Since the court doesn’t have the resources to conduct an investigation of your claim for you, it’s important that you have the full legal name and contact information of the person you’re suing so they can be served with a copy of the lawsuit. [6] X Research source
In some cases, that time limit could be as short as 30 days from the date of the event that gave rise to your claim. However, other claims such as those involving a personal injury have statutes of limitation as long as two years. [7] X Research source
Get the form from the office where you plan to file your claim. [8] X Research source Although the form is relatively simple and straightforward, it’s a good idea to review it before you begin filling it out so you can gather all your information or documentation beforehand. If you’re attaching any documents such as bills or contracts as exhibits to your complaint, you will need to make at least three copies – one for the court, one for you, and one for the defendant. If you are suing more than one person, make sure you have copies for each. [9] X Research source If you are filing a claim for a personal injury or to recover auto damages from an accident, you will have an affidavit that must be completed by your healthcare provider or the mechanic who worked on your car. [10] X Research source
The main information you will need will be your name and address, as well as the name and address of the person you want to sue. You also will need to include a brief statement of the amount of money the person owes you and why you believe you are entitled to that money. [11] X Research source
You may file your complaint be mail, but if you file it personally you can have the clerk look over it and make sure you’re filing it correctly. If you’ve gotten something wrong, you can make the change then and there. [12] X Research source Filing in person also ensures you’re paying the correct amount in filing fees. [13] X Research source You should expect to pay a filing fee of somewhere between $40 and $80 depending on the amount of money in dispute. If you succeed in your lawsuit, the defendant will be ordered to pay you back for these filing fees. [14] X Research source When your complaint is filed, the clerk will schedule a hearing between 12 and 60 days from the date you filed. [15] X Research source
You will be charged an additional fee for service, which will vary depending on whether you choose to have it served using certified mail or served in person. [16] X Research source After the defendant is served, she has up to five days before the trial date to file an answer to your complaint. If your case is in Philadelphia Municipal Court, she must file her answer at least 10 days before the trial date. [17] X Research source
Line up any supporting witnesses you want to testify on your behalf, and confirm that they are available and willing to attend on the date of your hearing. You also should make sure that your witnesses are prepared to answer any questions you may ask, as well as any other questions you anticipate the defendant or even the judge may ask them. [18] X Research source You must send the other side copies of any documents you intend to use at trial at least 10 days before your trial is scheduled. [19] X Research source
For example, Philadelphia’s Municipal Court has a Court Mediation Program where trained mediators help you and the defendant reach a binding agreement. The mediators are neutral third parties who aren’t biased towards either side. If you come to an agreement, it will be put in writing for you to sign and filed with the court so it becomes legally binding. [20] X Research source
Dress in clean, conservative clothing and be respectful and courteous to all court staff. Review courthouse rules before the date of your trial so you know what items are not permitted. If items such as cell phones or pocketknives are forbidden in the courtroom, leave them at home or make arrangements for someone else to hold them while you’re in court. [21] X Research source
Before you begin, the MDJ may briefly explain the procedure to you. Ask questions if you don’t understand something, but don’t interrupt the MDJ while she’s speaking. Once the MDJ is certain both you and the defendant understand the procedure, you will be sworn in. [22] X Research source You will be given a chance to explain to the MDJ what happened that caused you to sue the defendant. You must prove that the defendant is liable for the damages to you, and that the defendant owes you the specific amount of money you’re asking the MDJ to award you. [23] X Research source If you have any documents, photographs, or other evidence that supports your argument, you can submit them to the MDJ at this time. [24] X Research source After you’ve presented your case, you will have the opportunity to call any witnesses you have who you want to testify on your behalf. You can ask these witnesses questions, and then the defendant will have the opportunity to ask them questions as well. [25] X Research source At any time the MDJ may interrupt you and ask you questions. If this happens, stop talking and respond to the MDJ’s question before continuing with whatever else you were going to say. [26] X Research source Don’t interrupt the judge or the defendant while they’re talking. Speak when you have permission to do so and keep quiet otherwise. The judge will give you an opportunity to explain your claim. [27] X Research source
The defendant also may call witnesses just as you did. If you have any questions for the witnesses, write them down and wait until the defendant is through. At that point, the MDJ will give you the opportunity to ask the witness your own questions or to clarify anything the witness previously said. [28] X Research source
The judge may announce her ruling in the courtroom immediately after you and the defendant have finished presenting your cases, or she may want to review the evidence and information filed and make a decision later. If she doesn’t make it until later, you’ll be informed of her decision within five days. [29] X Research source
The MDJ may set up a payment plan lasting up to 12 months for the defendant to pay. After the ruling, the defendant has 30 days to appeal. If that 30 days passes and the defendant has not appealed, you may ask the MDJ to issue an Order of Execution. This permits the sheriff or constable to place a lien on any property the defendant owes to satisfy the debt. [30] X Research source
