How To File a Small Claims Lawsuit in Pennsylvania
If your lawsuit is worth less than $12,000, you can file it in small claims court.Depending on whether you are in Philadelphia or not, the procedure for filing a lawsuit will be different.You need to gather relevant documents and information in order to file a lawsuit.You have to find the correct court.You can file a lawsuit in Philadelphia.You can file in the Magisterial District Court outside Philadelphia.
Step 1: The dispute needs to be identified.
Small claims courts don't handle all disputes.You can't bring small claims for a divorce or child support.You can bring a lawsuit in small claims court if you have a contract dispute.If they failed to do the work or did poor work, you can file a lawsuit against them.Someone injured you.If someone harmed you because they weren't careful, you can file a small claims court lawsuit.Someone hitting your car is one example.
Step 2: You should get proof of your injury.
Before you can bring a case in small claims court, you have to figure out how much you are suing for.To file a small claim, you have to file for less than $12,000.If there was a contract, you should get your copy of it.There are any correspondences between you and the person.Invoices, estimates, or cancelled checks show the economic losses you have suffered.Photographs and medical records show your injury.
Step 3: Get the address of the person who is accused.
You will need to serve the papers on the other party.You need to have his or her address.You should not use a Post Office box for an address.The Pennsylvania Corporation Bureau can help you find the correct name and address of the business you're suing.
Step 4: You can get the complaint form.
You have to file a complaint with the court.The facts surrounding the lawsuit are in this document.You can use the form published by the state.You can find it at http://www.pacourts.us/assets/files/setting-897/file-771.You can type in the form and then print it off.You could fill it out when you get to the court.
Step 5: The form needs to be completed.
It is important to print neatly.For a short explanation of why you think you are entitled to money, you need to fill out the form.
Step 6: Find the correct court.
You have to file your complaint in the district where the incident occurred.If you are in a car accident and want to file a lawsuit, you can do it in the district where the accident took place.The Unified Judicial System of Pennsylvania has a website where you can find the appropriate court.There is a listing of Magisterial District Courts.You can ask the court where you should file your lawsuit.
Step 7: The complaint should be filed.
Take all the copies of your complaint to the court clerk.One copy will be for your records and the other for the person.Tell the clerk what you want to do.You can send your complaint by mail.You should take it personally.The clerk can tell you how to fix the complaint if you fill it out wrong.
Step 8: You have to pay the filing fee.
To file a lawsuit, you have to pay a fee.If you want a copy of the complaint served on the defendants, the fee will be based on that.If you win the lawsuit, the defendants will have to pay your fees.
Step 9: The defendants should be served.
You must send a copy of your complaint to the other party by the trial date.There are two ways to serve a person.The complaint will be forwarded to the court clerk.The return receipt will be sent to the clerk when the complaint is delivered.The sheriff gives personal service.The sheriff can schedule service for the clerk.It will cost a small fee.
Step 10: You can visit the court.
You can file a small claims lawsuit in Philadelphia by going to the 10th floor.The interviewer will help you complete the paperwork.Although the interviewer can't give legal advice, he or she can help you fill out the forms and prepare to have them served.
Step 11: Attach documents to your complaint
Attach the document to the complaint that you fill out if you want to use it during your trial.Before leaving the courthouse try to get a copy of the entire complaint.
Step 12: You have to pay a fee.
To file the lawsuit, you have to pay a fee.If you can't afford the fee, tell the interviewer.He or she will give you a form to fill out.
Step 13: Send the exhibits to the other person.
You should send a copy of the document to the other party if you intend to use it in court.Send the copies to the defendants lawyer.You have to send the documents at least ten days before the trial in Philadelphia.
Step 14: If you have witnesses, contact them.
If you think people would be helpful, you can have them testify on your behalf.A passenger in your car could testify that you were driving within the speed limit and that the other driver side-swiped you.The date, time, and location of the trial are important to the witness.
Step 15: It is appropriate to dress appropriately for court.
In order to make a good impression, you should plan your wardrobe carefully.If you are attending a job interview, dress in a conservative style.If a man has a suit, he should wear it.Men should wear dress pants and a shirt with a collar if they are not.It's important to wear dress shoes and socks.Women should wear a suit as well.A woman can wear a conservative dress with a sweater or blouse.For more information on how to look your best in court, see Dress for a Court Hearing.
Step 16: Arrive early.
You need to be on time for court.Give yourself enough time to find a parking spot.The judge might enter a default judgment against you if you don't get to court on time.It is difficult to set aside a default judgment.You lose the case for not showing up.You will not be able to make your trial date.You should write to the court clerk at least 10 days before the trial.Make sure you send a copy of your letter to all defendants by mailing it to the court clerk.
Step 17: Don't use your cell phone.
Before entering the courthouse, be sure to turn off your cell phone and other electronic devices.You don't want electronics to ring while you are in court.You shouldn't bring food or drinks to court.You should consume everything outside of the courthouse if you need to eat.
Step 18: Go ahead and present your case.
When presenting your case, you should go first because you brought the lawsuit.You can testify about what happened.Any documents that support your case can be submitted to the judge.If you have witnesses, they can testify.You could be asked questions by the defendants or the judge.To answer clearly, be sure to do so.Also don't guess.If you don't understand a question, then ask the judge to repeat it.Don't interrupt the judge but listen respectfully to everything he has to say.For more information, see Address a Judge in Court.
Step 19: Listen to the case.
The person will go first.He or she can testify.You can ask questions of the defendants.No matter what the case is, stay calm.You will get a chance to respond if you don't interrupt the defendants.
Step 20: Wait for the verdict.
The judge will make a ruling after all evidence has been submitted.The judge may send you a written decision at a later date, but most of the time he or she will issue an oral ruling.
Step 21: If it's necessary, appeal.
If you lose the case, you can appeal.You need to fill out a Notice of Appeal form in order to appeal.The notice of appeal form has 30 days to be filled out.You should keep a copy of your records.You have to serve the forms on the defendants and the judge who heard the case.You have 10 days to fill out a Proof of Service after you file your Notice of Appeal form.All relevant parties were served copies of the Notice of Appeal.The Court of Common Pleas is where your case will be held.The rules in Common Pleas are more strict than in small claims court.