Pennsylvania Small Claims

In Pennsylvania, small claims are civil suits seeking monetary rewards of up to $12,000 or less. These cases are heard in Magisterial District Judge Courts across the state. However, in Philadelphia, small claims are handled by the Municipal Court.

What Is a Small Claims Court in Pennsylvania?

In Pennsylvania, a small claims court is any court that hears civil cases in which the amount indispute is $12,000 or less. Small claims courts in this state handle two categories of cases. They are negligence claims and contract claims. A person can file a negligence claim if another party's action has led to their injury or loss of property.

On the other hand, a contract claim is filed when one party fails to perform their obligations under a contract. In Pennsylvania, small claims cases are filed in Magisterial District Judge Courts. If you are a resident of the city of Philadelphia, you can file small claims with your local Municipal Court.

Small Claims Court Limits in Pennsylvania

The small claims monetary cap in Pennsylvania is $12,000, excluding court costs and interest. This means that only cases seeking monetary reward of $12,000 or less can be heard in small claims court.

These cases are usually filed in the Magisterial District Judge Courts where the defendant lives or does business. If the defendant lives in the City of Philadelphia, you must file the claim with the Municipal Court. It is always agood idea to contact these courts for instructions on how to file your case.

In Pennsylvania, parties can hire a lawyer to handle their case, but most litigants choose to represent themselves.

How to File a Small Claims Case in Pennsylvania

In Pennsylvania, you can file a small claims case by taking the following steps:

1) Choose the correct court. You can file a small claim in the Magisterial District Judge Court where the defendant lives or does business.

2) Complete the official form. To begin a small claim, you must download and complete the statewide Civil Complaint form. You can obtain this form from the Unified Judicial System (UJS) forms page. Philadelphia has its own small-claims packets.

3) File and pay fees. After completing the complaint form,you are expected to submit the form to the appropriate Magisterial District Judge. Note that you will be required to pay filing fees when submitting the form. The amounts vary by county and service method.

4) Serve the defendant correctly. You can serve the defendant by certified mail or by a sheriff. The Magisterial District Judge Court where you filed the case will tell you which options are available locally and how to file proof of service.

5) Counterclaims & transfers. It is important to note that defendants in a small claims case can file counterclaims regarding your complaint. If the monetary reward you seek in the complaint is more than $12,000, the case will be transferred to the Court of Common Pleas.

Small Claims Court in Major Pennsylvania Locations (Examples)

• Philadelphia: Small claims are heard at the Municipal Court. The court’s official pamphlet explains what the court can and cannot do and how hearings work.
• Pittsburgh/Allegheny County: In Pittsburgh/Allegheny County, small claims are handled by Magisterial District Judge Courts. The Allegheny County page is linked to UJS MDJ forms. The page also explains local practices for filing/serving civil complaints.
• Harrisburg/Dauphin County: In Harrisburg/Dauphin County, small claims are heard in Magisterial District Courts. County self-help packets explain how to complete and file the MDJ Civil Complaint.

What to Expect at a Small Claims Hearing in Pennsylvania

In Pennsylvania, small claims hearings are basically informal bench trials. The plaintiff goes first, followed by the defendant. It is always in the plaintiff's best interest to present organized, labeled evidence, such as contracts, receipts, photos, texts, or email printouts.

If the defendant was served but does not appear, the court might enter a default judgment. On the other hand, if the plaintiff does not show up, the case will be dismissed. The costs that the winner can recover are outlined byPa.R.Civ.P.M.D.J. 206.

Either party has the right to appeal to the Court of Common Pleas within 30 days after the judgment. This appeal is a trial de novo. This means it is an entirely new case under theRules of Civil Procedure. In some counties, it often goes to compulsory arbitration first.

How to Search for Small Claims Records in Pennsylvania

Pennsylvania offers free, official online docket access:

1. UJS Web Portal: Case Search. You can look up Magisterial District Court civil cases and Philadelphia Municipal Court dockets using a name, case number, or county. Usually, you will find the case number, involved parties, register of actions, hearing dates, and judgments.
2. Court Case Information hub: This is also known as the Judiciary’s public-records page. This page explains what each court level provides online.
3. Certified copies/offline requests: The official record is maintained by the MDJ or the Municipal Court in Philadelphia. If you need certified copies, you can contact the court clerk directly. County self-help websites provide information on copy fees and counter services.