A small claims case starts by filing a claim with the Pennsylvania Magisterial District Court. You'll serve a copy of the claim and court date on the "defendant," the person or company you're suing. At the trial, you'll present evidence supporting your case.
Conclusion: Going to small claims court may be worth it for $500, but it will determine how you weigh your costs versus benefits. At a minimum, it is worth it to send a demand letter.
In order to ask for IFP status, you must file a "PETITION AND AFFIDAVIT TO PROCEED IN FORMA PAUPERIS" with the Court, in which you give the Judge detailed information about your financial situation. The required form is attached to these instructions, along with a form order for the Judge.
In Pennsylvania, a lawsuit involving a claim of $12,000.00 or less can be filed in Magisterial District Court. For claims over $12,000.00, the party filing the lawsuit, who is known as the plaintiff, must file in the Court of Common Pleas.
In order to ask for IFP status, you must file a "PETITION AND AFFIDAVIT TO PROCEED IN FORMA PAUPERIS" with the Court, in which you give the Judge detailed information about your financial situation. The required form is attached to these instructions, along with a form order for the Judge.
Non-jury trials are generally more efficient, with the trial duration often measured in days or weeks rather than months.
If a trial is held without a jury's involvement, the judge hears all witness testimonies and attorney arguments and determines the outcome of the case based upon the law.
If a trial is held without a jury's involvement, the judge hears all witness testimonies and attorney arguments and determines the outcome of the case based upon the law.
Predictable Outcomes: Judges' decisions are generally more predictable than those of a jury, in which emotions or personal biases can sway. If, for example, you're assigned a judge with a record of showing leniency for mitigating circumstances, your attorney might recommend waiving the jury trial.
What's the difference between a Jury Trial and a Court Trial? In a jury trial, the decision of guilt or innocence is decided by either 6 or 12 citizens who listen to the evidence and make the decision. In a court trial, there is no jury present. The judge listens to the evidence and makes the decision.