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 don't need an attorney to represent you in small claims court, the procedure is shorter, and the rules are simpler.
Step 1: Make sure your claim is appropriate.
If your claim deals with an issue the small claims court has the power to decide, then the court won't hear your case.Either the Magisterial District Court or the Common Pleas Court can be used to file claims for less than $12,000.Pennsylvania has a small claims court called the Magisterial District Court.You don't need an attorney to resolve your claims in a more informal setting than the Common Pleas Court.A Magisterial District Judge hears claims in the court.You can't have a jury trial if you file your claim there.The process for filing in a small claims court elsewhere in the state is similar to that of Philadelphia County's Municipal Court.
Step 2: You can file your claim in the right county.
The court can't hear your case unless it has the power to order someone to pay you.If you want to file a lawsuit against someone, you should file it in the court nearest to them.The event that gave rise to your claim may be where you file your suit.There is a website for the Unified Judicial System of Pennsylvania.The nearest MDJ is where you should file your suit.
Step 3: Determine the legal name of the person you want to file a lawsuit against.
Before you file your claim, make sure you identify the people who are responsible for your damages.Since the court doesn't have the resources to conduct an investigation of your claim for you, it's important that you have your full legal name and contact information so they can serve you with a copy of the lawsuit.
Step 4: The statute of limitations should be checked.
If the deadline has passed, you cannot file a lawsuit.It can be as short as 30 days from the date of the event that gave rise to your claim.Statutes of limitation can be as long as two years for personal injury claims.
Step 5: Take a look at 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.You can get the form from the office.It's a good idea to review the form before you start filling it out to make sure you have all the information you need.If you're attaching documents such as bills or contracts as exhibits to your complaint, you will need to make at least three copies.Make sure you have copies of your lawsuits for each person.An affidavit that must be completed by your healthcare provider or the mechanic who worked on your car is required if you are filing a claim for a personal injury or to recover auto damages from an accident.
Step 6: You need to fill out the complaint form.
As possible, enter your information completely.The name and address of the person you want to file a lawsuit against will be the most important information you will need.A brief statement of the amount of money the person owes you and why you think you are entitled to that money is required.
Step 7: The form should be filed with the MDJ.
You can file the form in the clerk's office once you've filled it out.If you file your complaint personally, you can have the clerk look over it and make sure you're filing it correctly.You can make the change if you've gotten something wrong.Paying the correct amount in filing fees is ensured by filing in person.Depending on the amount of money in dispute, you should pay a filing fee of between $40 and $80.The defendants will have to pay back the filing fees if you succeed in your lawsuit.The clerk will schedule a hearing between 12 and 60 days after you file the complaint.
Step 8: The defendants should be served.
Before the court can hear your case, the defendants must have knowledge of your claim.You will be charged an additional fee if you choose to have it served in person or in certified mail.She can file an answer to your complaint up to five days before the trial.She must file her answer at least 10 days before the trial date in Philadelphia Municipal Court.
Step 9: Information related to your claim should be gathered.
You should organize your evidence and witnesses after you've filed your complaint.If you want your witnesses to testify on your behalf, you need to confirm that they are available and willing to attend your hearing.You should make sure that your witnesses are prepared to answer any questions you may ask, as well as any other questions that the judge might ask them.At least 10 days before your trial is scheduled, you must send the other side copies of any documents you intend to use.
Step 10: Attempt mediation
If you settle your case with the other party, you won't have to go to trial.Philadelphia's Municipal Court has a court mediation program where trained mediators can help you and the defendants reach a binding agreement.Third parties who aren't biased towards either side are the mediators.If you come to an agreement, it will be put in writing for you to sign and file with the court so it becomes legally binding.
Step 11: Arrive early at the courthouse.
Arrive at the courthouse in plenty of time to park, go through security, and find your courtroom before your hearing.To be respectful and courteous to court staff, dress in clean, conservative clothing.You should review the courthouse rules before your trial so you know what's allowed and what isn't.If items such as cell phones are not allowed in the courtroom, leave them at home or arrange for someone else to hold them.
Step 12: Go ahead and present your case.
You will be able to present your case to the MDJ first.The MDJ may brief you on the procedure.Don't interrupt the MDJ while she's speaking if you have questions.You will be sworn in once the MDJ is certain that both you and the defendants understand the procedure.You will have a chance to explain what happened to the MDJ.If you want the MDJ to award you money, you have to show that the defendants are responsible for the damages to you.If you have any documents, photographs, or other evidence that supports your argument, you can submit it to the MDJ.After you've presented your case, you can call any witnesses you want to testify for you.You can ask the witnesses questions, and the defendants will be able to ask them as well.The MDJ can ask you questions at any time.You should stop talking and respond to the MDJ's question if this happens.Don't interrupt the judge or the defendants.Keep quiet if you have permission to speak.You can explain your claim to the judge.
Step 13: The woman is presenting her case.
The person you've sued will have the chance to tell the judge his side of the story after you finish presenting your case.The defendants may call witnesses just as you did.Write down any questions you have for the witnesses and wait until the trial is over.The MDJ will allow you to ask the witness your own questions at that point.
Step 14: Wait for the MDJ's ruling.
The judge will make a decision after all sides have been heard.The judge may announce her ruling in the courtroom immediately after the case is over, or she may want to review the evidence and information and make a decision later on.You will be informed of her decision within five days if she doesn't make it.
Step 15: Take your money.
If the judge ruled in your favor and the defendants didn't appeal, you may be able to collect the money you're owed.A payment plan may be set up by the MDJ.The defendant has 30 days to appeal.You can ask the MDJ to issue an Order of Execution if the defendant does not appeal within 30 days.The sheriff can place a lien on any property the defendants owe to satisfy the debt.