Pennsylvania Small Claims Forms - Pennsylvania Small Claims Court Forms
Pennsylvania Small Claims Court FAQ Small Claims Court
Who hears the claims in small claims court?
In small claims court, the trial is an informal hearing before a judge. There is no jury and the plaintiff presents his or her evidence and witnesses. The defendant is also responsible for presenting his or her witnesses. After hearing both sides of the dispute, the judge will render a verdict based on the law and the facts presented.
Who may file a claim in small claims court? An individual, partnership or corporation (or LLC) may file a claim against another individual(s), partnership or corporation (LLC) in small claims court, if jurisdiction exists to hear the claim, if the amount of the claim does not exceed the statutory limits.
What must I do before I file a claim? Before you file a claim, get the facts straight so you can complete the forms correctly and answer any questions court personnel may need to know. Be sure to obtain the correct legal name of the defendant, correct address and place/address of employment. If the defendant is a corporation or LLC you would use the legal corporate or LLC name as the defendant.Â
How do I file a claim? The plaintiff or the plaintiff's attorney should go to the small claims division of the district court in the particular county where the person or business to be sued has an office or is domiciled and file a Statement of Claim Form. The plaintiff is responsible for furnishing the court with the correct and complete address of the defendant. The clerk will assign the plaintiff a case number and this number must be used whenever contacting the court concerning the particular case. A filing fee is required at the time the claim is filed. If the plaintiff cannot afford to prepay the fee at the time of the filing, he or she can submit an Affidavit of Substantial Hardship and request that the judge delay the payment.Â
Who serves the defendant with summons or process and how is the defendant served? The clerk of the court will issue a summons ordering the defendant to appear in court. The summons and the complaint must be served on the defendant. The summons and the complaint may be served by certified or registered mail. If the court provides this service, there may be an additional fee. If the defendant cannot be served using these methods, the precinct constable or any registered private process server will serve the summons and complaint for a fee.Â
How are hearings scheduled? The clerk of the court will provide you with the procedure to set the case for trial or hearing at the time you file your claim.Â
May I subpoena witnesses? If witnesses are required, but unwilling to attend the hearing unless they are subpoenaed, you may obtain a subpoena issued by the court clerk for service on the witness. The subpoena is an order for the witness to appear at the hearing to testify. Some employer may require that an employee be subpoenaed in order to be excused from work.Â
What are the trial procedures? The trial procedure is generally more informal than other courts. The case will usually be called in open court and you will respond that you are present and ready to proceed. You will then be advised when to present your claim. Be prepared to present your claim in your own words. Be prepared to question witnesses if witnesses are needed.Â
What happens if the defendant does not appear at trial? If the defendant does not appear at trial, a default judgment will be entered in the plaintiff's favor for the amount of the claim or other relief. After judgment is obtained and the appeal time has expired, the plaintiff may seek to collect the judgment by acceptable means of collection.Â
What are the common forms used in small claims court? Common forms used in small claims court are:
- Claim Statement/Complaint
- Summons
- Return of Summons
- Answer
- Subpoena
- Abstract of Judgment
Easy Order
What Is a Small Claims Court?
A small claims court is a place where people can resolve legal disputes in a simpler and less formal way compared to higher courts. In Pennsylvania, a small claims court follows the same concept and gives individuals a chance to settle disagreements over smaller amounts of money. This type of court can be found in most counties across the state and is designed to be more accessible to everyday people who cannot afford or don't want to deal with the complexities of regular court proceedings. Small claims court in Pennsylvania is meant to be a fair and straightforward process where individuals represent themselves and present their case to a judge, who then makes a decision based on the evidence provided.
Why File a Small Claims Case?
Filing a small claims case, even in Pennsylvania, can be a good option for resolving minor legal disputes in a timely and cost-effective manner. Small claims court allows you to seek compensation or resolve issues involving smaller sums of money, typically under $12,000 in Pennsylvania. By filing a small claims case, you can avoid the complexity and high costs associated with traditional court proceedings. It provides an accessible and informal setting where individuals can represent themselves, presenting their case in simple and understandable language. This process allows for quicker resolutions and enables people to address their legal disputes without needing to hire an expensive attorney.
Small Claims Court Limits for Each State
Small Claims Court limits vary from state to state, including Pennsylvania. Each state has its own specific rules regarding the maximum amount of money that can be claimed in a Small Claims Court case. In Pennsylvania, individuals are given the opportunity to file a case in Small Claims Court if they are seeking monetary damages up to $12,000. This means that if someone owes you money or has caused damage to your property, you can take them to Small Claims Court to seek compensation as long as the amount you are claiming does not exceed $12,000. It's important to know the Small Claims Court limits in your state in order to understand the legal options available to you.
Small Claims Demand Letter Example
A Small Claims Demand Letter in Pennsylvania is a straightforward way to request payment or resolution for a dispute. It is a written document that clearly explains your claim and asks the other party to fulfill their obligations. This letter is usually concise and easy to understand, using everyday language to communicate your concerns and expectations. By sending this letter, you are giving the other person a chance to address the issue before going to court. It's an initial step towards resolving the matter amicably and cost-effectively.
Filing a Small Claims Case in 5 Steps
Filing a small claims case in Pennsylvania can be broken down into 5 simple steps. Firstly, gather all the necessary information and supporting documents related to your case. This might include invoices, contracts, or evidence of communication. Once you have everything in order, visit your local Magisterial District Court to begin the process. Fill out a complaint form which includes details about the case and the amount of money you are seeking. Make sure to accurately describe what happened and why you believe you are owed the money. After submitting the complaint, pay the required filing fee. The court will then schedule a hearing date where both parties can present their side of the case. Be prepared to provide any additional evidence or witnesses to support your claim. Finally, if you win the case, you can take steps to collect the money owed to you through the court's assistance.
