Most people can't afford to hire an attorney to litigate on their behalf, especially when a relatively small dollar amount is at stake. Small claims court solves this problem. The small claims court procedures are simplified, quick, and inexpensive, making it an excellent forum for straightforward disputes, such as security deposit cases or automotive repair disputes.
What Is the Dollar Limit in Pennsylvania Magisterial District Court Cases?
Because of the relaxed procedures, you won’t be able to recover as much as you would in other courts. You can recover up to $12,000 in a Pennsylvania small claims court action in the Magisterial District Court or Philadelphia Municipal Court.
If you’d like to recover more, you must go to a higher court. However, it might not be worth the effort required to learn the complicated rules or the expense of hiring an attorney.
What Type of Claim Can I File in Pennsylvania Magisterial District Court?
Almost any matter that can be resolved by awarding money is fair game. Small claims court is often used to recover unpaid debts, wages, security deposits, and medical costs after minor injuries, such as dog bites. For instance, small claims court works well if you want reimbursem*nt for your rental unit’s broken fence after an unapproved Airbnb party or for a door ding incurred in a parking lot.
"Defendants" or those sued can include mechanics, dry cleaners, and caterers who fail to provide the agreed-upon services. Or, if a retailer doesn’t give you a refund after your lawn mower malfunctions or your hair dryer catches fire, you can use small claims court to bring a defective merchandise claim.
Landlords can recover unpaid rent and property damage in small claims, but in most states, landlords file evictions in another court.
Can I Bring Any Claim in Small Claims Court?
No. Small claims court probably won’t be the proper forum if you want something other than money. For example, you must go to a family law court if you want to file for divorce or change child custody.
Also, typically, most small claims courts won’t allow you to ask for punitive or “punishment” damages, bring libel or slander actions, or sue a governmental entity. Because the actions you can bring in small claims court vary by state, check your local small claims court website for specifics.
How Do I File a Small Claims Action in Pennsylvania?
The first step is filling out the necessary forms for your claim and paying the required fees. The claim would be called a “complaint” in a higher court.
If you are at least 18 years old and asking for less than the small claims court limit, you can file a claim in Pennsylvania’s small claims court. Those under 18 must be emancipated or have a parent or guardian file on their behalf.
Also, most small claims courts allow business entities, such as corporations or partnerships, to bring actions in small claims courts. Consult your small claims court clerk or website for special rules.
What Information Do I Need to File My Small Claims Suit in Pennsylvania's Magisterial District Court?
You'll need the name and address of the defendant (the person or business you're suing). You'll also need details about your claim, including the date the claim arose and the amount you intend to ask for, known as your "damages." Because each small claims court has its own local rules, and some have specific forms, more particulars might be needed.
How Much Time Do I Have to File a Small Claims Action in Pennsylvania?
A limited amount because you must bring a lawsuit within the “statute of limitations” period. Limiting time helps courts resolve cases while memories are fresh and evidence is still available.
How many years you'll have under the statute of limitations will depend on whether it's an injury or property damage case, an oral and written contract matter, or another cause of action.
Can the Statute of Limitations Period Change?
Not usually, but it can happen because laws change. Also, the rules aren't always as simple as they seem. For instance, the statute of limitations will stop temporarily or “toll” in some situations, such as if the plaintiff is a minor or incarcerated.
What Are the Steps to Finding the Statute of Limitations for a Small Claims Case in Pennsylvania?
Statute of limitations periods are in Pennsylvania’s statutory codes, the set of laws organized by topic and identified with code numbers. The following steps will help you find the appropriate statute of limitations period.
- Search for your state’s name, the type of action, and “statute of limitations.” For example, if you Google “Pennsylvania written contract statute of limitations,” the statutory period appears at the top of the Google search results page as “four years.”
- If the code section doesn’t appear in the results, add “code section” to your search. For example, search for “Pennsylvania written contract statute of limitations code section.”
- To read the statute, find your state’s legislative website by searching for “Pennsylvania General Assembly.” On the website, select “Statutes” and follow the instructions for searching for a statutory code section.
Other ways to find a statute of limitation period include conducting research at a local law library. The law librarian will probably be able to direct you to appropriate resources. Also, consider using your small claims court’s self-help services when available. Many higher courts offer similar services.
Caution: Check the applicable statute of limitations carefully. When conducting statute of limitations research, be thorough. You’ll lose the ability to pursue your case if you rely on the wrong statutory period and file too late.
Which Pennsylvania Magisterial District Court Should I File In?
In Pennsylvania, you’ll file your small claims matter in the Pennsylvania Magisterial District Court or Philadelphia Municipal Court. If you choose the wrong location or "venue," the defendant can ask the court to move or dismiss the action.
The general venue rules require you to file your case as follows:
- wherever the defendant can be served
- where the cause of action arose
- where the transaction or occurrence took place, or
- wherever a corporation or partnership regularly conducts business, has its registered office, has its principal place of business, or where the transaction took place.
If the defendant is a non-resident of Pennsylvania, or if the defendant's residence is unknown, other rules will apply, and other exemptions might exist. Consider reviewing the small claims court website, contacting the court clerk or self-help center, or speaking with a lawyer to ensure you file your action correctly.
You can find information about a business entity on Pennsylvania’s Department of State webpage.
How Do I Serve My Small Claims Action in Pennsylvania?
You must inform the defendant when and where to appear in the small claims action. You accomplish this by delivering a copy of the small claims action in a procedure known as “service of process.”
In Pennsylvania, you’ll have some help completing service of process. The Magisterial District Court clerk will serve the defendant with the summons to appear at the small claims trial and a copy of the claim by personal service, substitute service, or certified mail with a return receipt.
Does the Defendant Need to Respond to a Small Claims Action in Pennsylvania?
The defendant isn’t required to file an answer to avoid default (losing automatically), although as with all information, you should verify this with your local court. A defendant who believes the plaintiff owes money must file a counterclaim at least five days before a Magisterial District Court hearing. The deadline is at least ten days before trial in Philadelphia Municipal Court unless the counterclaim is less than a set amount (check with the court).
Find out more about defending a small claims action.
How Do I Get Ready for Trial in Small Claims Court?
Most people don't enjoy appearing in court, and stress can run high. You won’t need to worry about details like choosing a jury. A judge will decide the case. However, if either party requests a jury trial in the Magisterial District Court, the case will be transferred from the small claims division to a higher court. Jury trials aren’t allowed in Philadelphia Municipal Court, except on appeal.
The best way to ensure that you'll do well before the judge or jury is through careful preparation. Consider doing the following:
- preparing a compelling statement
- gathering documents and evidence, such as contracts, credit card statements, and photographs
- selecting reliable witnesses (people who saw what happened or experts on the subject matter of the claim involved) to come to court to tell what they have seen or heard (they might be able to submit a statement)
- deciding on the order in which you will present your evidence, and
- preparing what you will say in court.
Also, outline the points you plan to make to avoid missing anything and organize the exhibits you want to introduce according to when you'll use them.
It's a good idea to educate yourself on the basic rules of evidence because they apply in small claims court. However, proving your “damages” or the amount you've lost can be simpler because the judge can consider estimates, bills, and other loss statements.
What Happens If the Other Side Doesn’t Show Up?
You'll likely win by default. However, you won't automatically get the requested claim amount. Be prepared to "prove up" your damages. You'll explain to the court how you determined the amount of loss and present supporting evidence.
What Happens If I Win My Pennsylvania Small Claims Case?
The judge will order the other party to pay a specified amount if you win. Some judges announce the decision immediately following the hearing. However, in most courts, the clerk will “enter” or file and mail the judge's decision a few days after the hearing.
How Do I File a Pennsylvania Small Claims Court Appeal?
If you disagree with the outcome of the case, you can appeal. But you'll have to move fast. You'll lose your rights if you don't file an appeal on time.
Calculating how much time you have can be tricky. For instance, Pennsylvania law allows either party to file an appeal within thirty days of entry of judgment. “Entry of judgment” is the act of making the judgment a part of the official record. That’s the date you’ll use, not the date the judge announced or wrote the decision or the date it was mailed to you. Contact the court clerk if you’re having a difficult time locating it.
Caution: Check the dates carefully. You must comply with appeal requirements explicitly. If unsure about the appeal process, follow up with the self-help center or a local attorney.
How Do I Collect a Money Judgment?
Hopefully, all will go smoothly, and you’ll emerge the victor. But the matter won't be over if the defendant isn't willing to pay the court judgment because the court won't collect the money judgment for you. You'll need to take steps to collect the money judgment.
If you analyzed your chances of getting paid before filing, you likely determined that the defendant wasn't “judgment proof” or someone who doesn't have collectible assets. However, not every plaintiff does this research beforehand. Either way, the next step is learning how to collect your small claims money judgment.
Most people try to levy a bank account or garnish wages first because these approaches are usually more fruitful than trying to recover property. If you don't know where to find the defendant's assets, your court will likely have a discovery process that will let you find out.
In some courts, you'll send out a questionnaire. In others, you'll ask the defendant asset-related questions at the courthouse under oath in the hallway. The judge doesn’t get involved unless the defendant refuses to answer a valid question.
Where Can I Find Pennsylvania Small Claims Court Laws?
Here’s where you’ll find Pennsylvania small claims laws: 42 Pa. Cons. Stat. Ann. §§ 1123 and 1515; Pennsylvania Rules of Civil Procedure, Rules 400 to 405, 1002, 1006, 2179; Rules of Civil Procedure Governing Actions and Proceedings Before Magisterial District Judges, Rules 301 to 342; and Philadelphia Municipal Court Rules of Civil Practice, Rules 101 to 144.
Where Can I Get More Pennsylvania Small Claims Court Information?
Most small claims courts have some self-help service available, and that's usually a good place to start. You’ll also find detailed small claims information in Everybody's Guide to Small Claims Court, by Cara O'Neill (Nolo). It includes helpful tips covering all aspects of the small claims process, including preparing a compelling case and collecting the money when you win.
Can I Hire a Lawyer to Represent Me in Small Claims Court in Pennsylvania?
If you’re uncomfortable representing yourself, you can hire a lawyer. Legal counsel can represent claimants in Pennsylvania small claims court. Friends and family are typically good referral sources when you need a lawyer. Learn about hiring a lawyer.
