Pennsylvania Small Claims in Magisterial District Court: An Overview

Filing a lawsuit in the Pennsylvania Magisterial District Court—the court that handles small claims in Pennsylvania—can be a quick and efficient way to resolve a disagreement. Like any court, the Magisterial District Court ("MDC" or "small claims court") has its own rules and procedures. In this article, we'll walk you through the basics.

Specifically, we answer these common Pennsylvania small claims court questions:

• How does small claims court work? We cover how to start (and respond to) a lawsuit, the dollar limit on small claims, where to file your case, how long you have to file in court, and more.
• How do I prepare and present my case? Here, we explain what you need to prove and the evidence you'll use to prove it. We also offer tips to help you present your case to the judge.
• What happens after you present your case? We discuss how to collect a judgment and provide an overview of small claims appeals.

We'll close with links to resources where you can learn more, get help with legal research, download court forms, and more.

How Does Pennsylvania Small Claims Court Work?

As a rule, Pennsylvania small claims cases must be filed in magisterial district court. Each county is divided up into judicial districts. Magisterial district judges preside over small claims filed in their district. The lone exception is Philadelphia County, where small claims are heard in municipal courts.

Small Claims Court Rules

Court rules dictate how a case progresses from filing to trial and beyond. Pennsylvania's court rules for magisterial district courts include:

• basic rules of procedure for civil (non-criminal) cases
• rules for collecting small claims judgments, and
• rules governing appeals from small claims court.

Different rules apply in Philadelphia County Municipal Court.

How to Start a Small Claims Lawsuit

The plaintiff (the party who's suing) starts a Pennsylvania small claims lawsuit by filing a complaint, using Form AOPC 308A. This form is required and—except for filling in the blanks—you can't alter it. You'll have to pay a filing fee when you file your case, unless the court waives it.

Not sure how to fill out the complaint form? Speak to an attorney. If you don't have an attorney, look for self-help resources. For example, the Pennsylvania Legal Aid Network sponsors a legal assistance website, which includes helpful information about magisterial district courts and filing small claims cases. County courts often provide assistance, too. Lancaster County's court website, for instance, has this self-help page.

After you've filed the complaint, you'll need to have it served on—formally delivered to—the "defendant" (the party you're suing). You're not allowed to serve the complaint yourself. The court clerk will help with arrangements when you file. Chances are it'll be served by certified mail or a sheriff's deputy. (Learn more about how to serve individuals and businesses.)

How the Defendant Responds in Small Claims Court

In Pennsylvania small claims court, the defendant doesn't have to file an answer. If you're the defendant, here are the your options.

• Show up at the hearing. You can simply show up at the court hearing to defend the case.
• File a notice of intent to defend. You can (but aren't required to) file a notice of intent to defend. As the name suggests, this notice—which you provide using this form—tells the plaintiff and the court you plan to appear in court and put up a fight. It will be included with the complaint when you're served. If you file this notice and the plaintiff doesn't show up for the hearing, the court can grant judgment in your favor. But if you don't file it and the plaintiff is a no show, the court will reschedule the hearing.
• File a cross claim. If you have a claim of your own against the plaintiff (under Rule 315, it's called a "cross claim"), you're allowed to file it at least five days before the hearing. Use the same Form 308A mentioned above. You can file a cross claim alone, or in addition to a notice of intent to defend.
• Do nothing. If you don't file anything in response to the complaint and don't show up for the hearing, the court can enter a default judgment against you for the amount the plaintiff asked for.

Pennsylvania's Small Claims Court Limit

You can ask for up to $12,000 in a Pennsylvania small claims case. If your claim is for more than $12,000, you can:

• file in small claims court if you're willing to accept the $12,000 cap, or
• sue in a different court, likely the Court of Common Pleas.

Example. Faith, Emma, and Charlie each have personal injury cases and are considering small claims lawsuits. Faith's and Emma's medical bills exceed $20,000. Charlie's bills are $1,000. When researching small claims rules, they learn about the Pennsylvania $12,000 small claims limit. Here's what they decide to do next.

Faith, wanting $20,000 total compensation, hires a lawyer to file her case in the common pleas court. Although Charlie can recover his $1,000 in medical bills in small claims court, he also wants compensation for vehicle damage and extensive pain and suffering. Charlie hires a lawyer and files in common pleas court, too. Emma's willing to forgo $8,000 to avoid lengthy litigation and files in small claims court, representing herself.

Can a Landlord Bring an Eviction Case in Small Claims Court?

Yes. A landlord files an eviction case in small claims court using Form AOPC 310A. The process is a bit more complicated in Philadelphia County Municipal Court. The Housing Equality Center of Pennsylvania offers this overview of the eviction process.

Each county is likely to have a slightly different procedure for eviction cases. For example, here's how it works in Allegheny County. Check the MDC's website for information specific to your county. If you don't find anything there, contact the court clerk for assistance.

Filing in the Correct Small Claims Court

Unfortunately, you can't just file your small claims case in the most convenient court. You have to choose the correct "venue" (location). File in the wrong court and the defendant can ask the court to transfer or dismiss your lawsuit.

In Pennsylvania, you're allowed to file in the place where:

• the defendant can be served with your lawsuit
• the transaction or occurrence giving rise to the lawsuit took place, or
• if the defendant is a corporation or partnership, it regularly conducts business, has its registered office, has its main place of business, or where the transaction or occurrence giving rise to the lawsuit took place.

Depending on the facts, you might have other options.

How Long Do You Have to File a Pennsylvania Small Claims Lawsuit?

Your time to file a lawsuit is limited by Pennsylvania's statute of limitations for your kind of case. Statutes of limitations are among the most complex and difficult of all laws. Figuring out how long you have to sue can be a challenge, even for a simple, small claims action.

In some situations, the statute of limitations might have a delayed start date. In others, it might run for a while, stop running for some time, then start again. If you're unsure what statute of limitations applies to your claim, or how much time you've got to file your lawsuit, speak to an attorney right away. Time is the enemy of your case.

Example. Frank built a fence for his neighbor Myra, but after several years, Myra still hadn't paid him the agreed amount. Because they had a written contract, Frank had proof of the amount Myra owed. He sued in small claims court. Myra asked the court to dismiss the lawsuit because the contract called for payment five years earlier, and the Pennsylvania's statute of limitations for contract-related lawsuits is four years. The judge agreed with Myra and dismissed the case.

Can Lawyers Appear in Pennsylvania Magisterial District Court?

Yes. Lawyers can appear in Pennsylvania small claims court. The relatively small dollar amounts involved often mean paying a lawyer doesn't make financial sense, but parties sometimes do it anyway.

So, if your opponent hires a lawyer, should you? It depends. Small claims courts are designed to be friendly to unrepresented parties, offering relaxed rules and procedures. Your opponent's lawyer should know the law and will be familiar with procedures in regular courts. But that might not do much good in a small claims courtroom.

If you're comfortable going toe-to-toe with an attorney, confident in your knowledge of the law, and well prepared for your day in court, you'll be on a level playing field with your opponent's lawyer. On the other hand, if you're intimidated by the prospect of having to face a lawyer in court, it might make sense to have your own counsel handle the case. That's a decision only you can make, and there's no "right" or "wrong" choice. Do what you think is best.

No Jury Trials in Pennsylvania Small Claims Court

At the small claims trial, a magisterial district judge will hear the evidence and decide on a winner. If either side asks for a jury trial, the judge transfers the case to the common pleas court. Jury trials aren't allowed in Philadelphia County Municipal Court, either.

How to Prepare and Present a Pennsylvania Small Claims Case

On the date your case is scheduled for hearing, both sides will have a chance to make arguments, present witnesses, and offer evidence to support their version of events. If you're expecting Perry Mason-style courtroom drama and theatrics, you'll be in for a big disappointment.

Chances are the trial will be over before you know it. Don't be surprised if it takes longer to drive to the courthouse than it does to put on your case. You'll give the judge a quick overview of your claims or defenses, present a witness or two and maybe some other evidence, answer the judge's questions, and that's it.

Even so, preparation and rehearsal will be critical to your success. Here are some of the most important things to keep in mind.

Be Sure You Prove the Elements of Your Claim or Defense

As the plaintiff, you need to prove all three of these elements, regardless of the kind of case you have:

• liability, meaning what the defendant did wrong
• damages, meaning what you lost (for example, wages or medical bills in a personal injury case), and
• causation, or proof that the defendant's liability caused your damages.

Example. Jeff, distracted by his cellphone, ran a red light and hit Karen's car, breaking her ankle. Karen's medical bills are $2,500, her damages like pain and suffering are $5,000, and the damages to her car cost $4,000 to repair. Her total losses come to $11,500.

In court, Karen will explain to the judge how the wreck happened. A copy of the police report will document that Jeff was preoccupied with his phone, causing him to drive negligently. Photos of both cars and the accident scene will paint a picture of what happened and how Karen's injuries and damages occurred.

To prove her damages, she'll introduce her medical records and bills and a bill for the repairs to her car. Karen will describe for the judge the injuries and treatments she received, the pain and discomfort she experienced, and any lasting impact her injuries have had on her daily life and activities.

Kinds of Evidence You'll Need in Small Claims Court

Generally speaking, your evidence will come in two categories: witnesses, and other documentary proof. The specific proof you offer will depend on the kind of case you have, and the facts. In a car accident or other personal injury case, you'll probably want to present the kinds of evidence we talked about in our last example, above.

Let's say you're suing for breach of contract. You hired a company to repair your deck, but they did shoddy work and left the job unfinished—even though you paid the full contract price. You had to pay another contractor an additional $1,500 to get the sloppy work redone and finish the repairs.

In court, you'll want to present:

• a copy of the written contract showing the repairs that were to be made and how much you paid for the work
• photos of your deck before the work started (if you have them) and after the company left the job, showing the problems with the work and what was left undone, and
• a letter from the other contractor you hired, explaining the work that wasn't finished, what had to be done to complete it, and how much that work cost.

You also might ask the other contractor to appear with you in court to explain the first company's mistakes and to describe the additional work that was necessary.

(Learn more about presenting testimony and evidence in small claims court.)

How to Organize Your Small Claims Presentation

Start with a brief overview of the case. Suppose you slipped and fell on an icy parking lot outside a convenience store, breaking your arm. Your medical bills are $3,000, you lost $1,000 in wages, and you want the judge to award you $6,000 for pain and suffering. Here's how you might introduce the case.

"Your Honor, at 6:30 in the evening on January 6, 2025, I slipped and fell on the icy parking lot of the E-Z Go convenience store at the intersection of First and Main Streets. We'd had a snowstorm two days before, but all the roads were clear and I didn't see any accumulated ice or snow elsewhere on the day I fell. I broke my arm in the fall. My medical bills were $3,000 and I lost $1,000 in wages due to time off work. Also, I'm asking the court to award $6,000 for my pain and suffering."

Once you've finished with your introduction, it's time to present your evidence. That might include:

• a witness who saw you fall, and who saw the patch of ice that caused your fall
• photos of the parking lot and the spot where you fell
• your medical records and bills, and
• a letter from your employer proving that you lost $1,000 in wages.

As you plan and rehearse your presentation, try to keep it to 5 minutes or so. Small claims judges often ask questions, so be ready. Between presenting your case and answering the court's questions, you'll likely be done in under 10 minutes.

What Happens After You Present Your Small Claims Case?

Chances are, you wait.

The judge might announce a decision from the bench, at the end of the hearing. More likely, the judge will take a few days to consider the evidence and issue a written ruling. That ruling will come in the form of a letter or a "docket entry," meaning an entry on the court's record for your case. The ruling will explain who won and, if a money judgment is awarded, the amount of the judgment.

At that point—win or lose—you've got some decisions to make.

Appealing a Pennsylvania Magisterial District Court Case

If you came out on the losing end in small claims court, Pennsylvania law lets you appeal. Within 30 days from the date judgment was entered, you must file a notice of appeal (using AOPC Form 312-05) with the clerk—called the "prothonotary"—of the court of common pleas. Miss the notice of appeal deadline and your appeal will be dismissed.

Your appeal goes to the common pleas court for the district where your small claims case was filed. On appeal, you'll have a trial de novo, meaning you try the case all over again as if the small claims case never happened. But this trial won't be anything like the one in small claims court. The rules and procedures will be much more formal, and you'll have to understand how to question witnesses and present evidence.

Common pleas court is no place for amateurs. Give serious thought to hiring an attorney if the case goes this far.

The Small Claims Court Won't Collect Your Judgment for You

In many cases, getting a judgment is the easy part. Collecting it is a different story. For starters, the small claims court won't collect the judgment for you. That's your job. The clerk's office might help you identify the forms you can use to try to collect, but that's about all.

Once your judgment becomes final, and if no appeal is taken, you'll be able to start collection efforts. You can collect by garnishing wages and bank accounts, by putting judgment liens on the losing party's real estate, and by trying to seize and sell real and personal property. Here are some collection tips you might find helpful.

Need More Help?

As you navigate through your Pennsylvania small claims case, these webpages might have useful information:

• links to Pennsylvania state court rules
• links to Philadelphia local court rules
• places that might offer free or low-cost legal aid
• help with legal research and writing legal briefs
• more information about doing legal research, and
• find court forms.

Did you know Nolo has made the law accessible for over fifty years? It's true, and we want to ensure you find what you need. Below, you'll find more articles explaining how small claim cases work. And don't forget that our small claims homepage is the best place to start if you have other questions!

For detailed help with case filing, court strategy, and collecting a money judgment, see Everybody's Guide to Small Claims Court by attorney Cara O'Neill (Nolo).

We wholeheartedly encourage research and learning, but online articles can't address all issues or the facts of your case. And of course, the law can change. The best way to protect yourself is by hiring a local lawyer.