SMALL CLAIMS COURT

In Pennsylvania a lawsuit involving a claim of $8,000.00 or less can be filed in Magisterial District Court. For claims over $8,000.00, the party filing the lawsuit, who is known as the plaintiff, must file in the Court of Common Pleas. Representation by an attorney is not required in Magisterial District Court proceedings.

If you need an attorney and don't have one, the Lawyer Referral and Information Service can help.

Call Us Monday - Friday from 8:30 AM - Noon and 1:15 PM - 3:00 PM at (814) 459-4411.

If you would like to file a lawsuit in Magisterial District Court, you must first determine which Magisterial District Judge has authority to hear your case. You may file in the Magisterial District where the action took place or where the defendant can be served - usually at the defendant’s residence or place of employment. Magisterial District Judges are listed in the blue pages of the Verizon Phone Book under "District Justices". Once you have determined which Magisterial District Judge should handle your claim, you should go to the District Judge's office and complete a Complaint form. You will need to furnish your name and address, the name and address of the person or business you want to sue, the amount of money you are seeking, and a short statement of why you believe you are entitled to the money. When you file the complaint, you will pay a filing fee based upon the amount of money you are seeking. If you win, the party you are suing, known as the defendant, will be required to reimburse you for the filing fees.

A hearing on the Complaint will be scheduled when a Complaint is filed. Before the hearing, the defendant will receive a copy of the Complaint, either by certified mail or by hand delivery by a Pennsylvania Constable. The Complaint will notify the defendant of the time and place of the hearing.

At the hearing conducted by the Magisterial District Judge, all parties will be allowed to testify and to present evidence and witnesses supporting their case. The Magisterial District Judge will issue a decision, or judgment, immediately following the hearing, or within five days. Either party may appeal the Magisterial District Judge's decision by filing a Notice of Appeal with the Prothonotary at the Erie County Court House within thirty days of the Magisterial District Judge's decision. Regardless of who wins before the Magisterial District Judge, if the party who lost files an appeal the case starts over in the Court of Common Pleas and the plaintiff must attempt to prove his or her case again. If the plaintiff wins at the Magisterial District Judge's office and no appeal is filed by the defendant, and the defendant does not pay the judgment, the Magisterial District Judge can issue an Order of Execution to collect the amount owed to the plaintiff. If the defendant wins and the plaintiff does not appeal, the plaintiff may be barred from suing the defendant again on the same claim.

If you need an attorney and don't have one, the Lawyer Referral and Information Service can help.

Call Us Monday - Friday from 8:30 AM - Noon and 1:15 PM - 3:00 PM
at (814) 459-4411.