How to File in Small Claims Court in Pennsylvania

Last Updated: November 14, 2022 Approved

Pennsylvania provides small claims courts for residents who wish to have a judge rule on a claim for a relatively small dollar amount without the time and expense of a full-blown court proceeding. Typically, you do not need an attorney to represent you in small claims court, rules are simplified, and the procedure is shortened.^{[1]
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Part 1

Part 1 of 3:

Preparing Your Claim

1
Make sure your claim is appropriate for small claims court. The court won't hear your case unless your claim deals with an issue the small claims court has the power to decide.
- 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]
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- 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]
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- 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]
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2
Choose the right county to file your claim. The court cannot hear your case unless it has power to order the person you're suing to pay you.
- 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]
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3
Determine the correct legal name of the person you want to sue. Before you file your claim, make sure you're suing all the people with responsibility for your damages, and that you've identified them correctly.
- 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]
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4
Check the appropriate statute of limitations. The statute of limitations provides a deadline for your claim, and if that deadline has passed you cannot file a lawsuit.
- 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]
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5
Review the standard complaint form. Get a copy of the standard small claims complaint form from the MDJ and read over it to make sure you have all the information you'll need.
- Get the form from the office where you plan to file your claim.^{[8]
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  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]
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- 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]
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Part 2

Part 2 of 3:

Filing Your Claim

1
Fill out the standard complaint form. Enter your information as completely and truthfully as possible.
- 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]
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2
File your form with the MDJ. Once you've finished filling out the form, file it in the MDJ's clerk's office.
- 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]
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- Filing in person also ensures you're paying the correct amount in filing fees.^{[13]
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- 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]
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- When your complaint is filed, the clerk will schedule a hearing between 12 and 60 days from the date you filed.^{[15]
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3
Have the defendant served. Before the court can hear your case, the defendant must have knowledge of your claim against him.
- 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]
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- 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]
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4
Gather all documents and information related to your claim. After you've filed your complaint, begin organizing all your evidence and witnesses you want to present at trial.
- 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]
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- 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]
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5
Attempt mediation. Before trial, you will have the opportunity to settle your case with the defendant rather than going to trial.
- 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]
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Part 3

Part 3 of 3:

Attending Your Hearing

1
Arrive at the courthouse early. On the day of your hearing, arrive at the courthouse in plenty of time to park, go through security, and find your courtroom before the time of your hearing.
- 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]
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2
Present your case. Since you are the plaintiff, you will get to present your case to the MDJ first.
- 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]
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- 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]
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- If you have any documents, photographs, or other evidence that supports your argument, you can submit them to the MDJ at this time.^{[24]
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- 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]
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- 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]
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- 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]
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3
Listen while the defendant presents her case. After you've finished presenting your case, the person you've sued will have the opportunity to tell the judge his side of the story.
- 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]
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4
Wait for the MDJ's ruling. After all sides have been heard, the judge will make a decision.
- 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]
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5
Collect your money. If the judge ruled in your favor and the defendant did not appeal the judge's decision, you may collect the money you're owed.
- 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]
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