Frequently Asked Questions

Can I Get Cost-Effective Representation on Appeal From Small Claims?

Any party can appeal a small claims court award for any reason or no reason.  However, when one party wins in small claims, this often brings about a resolution (via payment of the award or settlement).  This is because the parties become fatigued about doing court over again on the arbitration docket.  On appeal from small claims court, the process starts over, but the rules are much more formal.  This stage should not be done alone.  You should talk to a Pittsburgh lawyer about what legal services are needed for cost-effective representation on appeal.

What District Should Hear the Small Claims Court Case? 

Venue and jurisdiction are proper in a district where the Defendant has a business location or resides, or where a portion of the transactions between the parties took place. Here is a list of magisterial district courts for your MDJ hearing.

Do You Handle Landlord And Tenant Disputes? 

MDJs also decide landlord and tenant disputes. Our lawyers in Pittsburgh typically handle on behalf of the landlord, not tenant, so we may not respond to questions on behalf of the tenant, unless the tenant is accused of causing damages to property in excess of $9,000.

Because of the risk of a conflict of interest, we refer tenant-side cases to Neighborhood Legal Service at:

Allegheny County    412-255-6700

Beaver County         724-378-0595

Lawrence County    724-658-2677

How Do I See Small Claims Court Filings Online? 

Docket sheets can be accessed online via a search for docket sheets, by searching by docket number, and/or party name and county.

What Are the Advantages of Small Claims Court?

You do not need a Pittsburgh attorney to represent you in small claims court in Western PA as the system is designed to be simple.  It involves easy forms (click here for sample Complaints, answers, and counterclaims), to be filled out by hand.  The constable serves process on the Defendant, inexpensively.

Plus, you get a court date fairly quickly, within a couple months.  The decision of a Magistrate (formerly "Magisterial District Justice") are available online for the world to see who "won" or "lost," making it like "real" court, and if no timely appeal is taken, the award can become a judgment in the Court of Common Pleas for execution on the defendant's assets, as discussed below.

Given the formalities involved with filing a case directly on the arbitration docket (the next level up from "small claims"), many opt to to "start small" and begin on the small claims court docket, first.  In reality, many cases settle after the parties have their first "day in court." You can always bring in a lawyer after either party decides to appeal the MDJ decision.  Click here to learn more about the advantages .

 

What are the Disadvantages of Small Claims Court?

For a modest filing fee, either side in Pennsylvania may appeal (within 30 days) of the the small claims court decision for any reason, or no reason at all.  So long as the appeal is filed correctly, it is almost like the magistrate "judgment" never happened.

Then, the case gets listed on the the county arbitration docket for a decision or "award." There, again, either party may appeal the award for any reason or no reason.  Hence, many opt to file their claim directly on the arbitration docket for any matter where less than $50,000 is sought in Allegheny County. The arbitration limit varies by county.  A complaint in arbitration must follow certain formalities, such as each paragraph must be separately numbered.  A lawyer should assist with this, unless you are seeking $3,000 or less on the arbitration docket in Allegheny County, where a short form complaint may be used.  See Local Rule 1320.

Additional Limitations.  In  small claims court, a judge can enter a monetary award, which is essentially a piece of paper.  For example, it is not lien against real property, unless certain additional steps are taken.  Click here for more.

Plus, you cannot use small claims court to obtain a mechanic's lien (sometimes misspelled as "mechanics lien") against another's property.  Nor can a magisterial district judge order to enjoin (prevent) conduct. Nor can a magisterial district judge enforce a non-compete agreement, as the magistrate lacks authority to prevent a worker from working.

Common Mistakes When Filing in Small Claims Court - Strategic Errors.  Your decision to file your case on the small claims court can amount to a strategic error, especially if you expect a vigorous defense and/or appeal to your claims.  Click here for more information about common errors.  

Why Involve a Pittsburgh Attorney, Early On?

As early as possible, you should at least consult with a civil litigation attorney even if you plan to proceed pro se (by yourself) in small claims court.

You need guidance about about several issues.  For example,  what evidence is admissible in small claims court?  And, are you suing the correct party or corporation (or, if you are a defendant, whether you have been sued in the right capacity)?  Also think about the statute of limitations and whether you can make a counterclaim.  Lastly, either party can appeal, then what?  You need to understand appeal procedure, because if the appeal is not done correctly, or on time, the parties can be bound by the small claims court decision.

What's Next After the MDJ Decision?  

As mentioned, if you don't like the decision, you may appeal for no reason.  If you are satisfied with the decision and the opposing party has not filed a timely appeal, this actually deprives the Court of Common Pleas from jurisdiction to do anything with the case other than enter the judgment. You should consult an attorney about entering the magistrate "judgment" (which is really an award) as a true judgment on the county docket. Our Pittsburgh lawyers resolve disputes in Beaver, Butler, Washington, Greene, and Westmoreland Counties.

Why Enter a Judgment on the County Docket? 

You may enforce a Magisterial District Judge decision.  Click here for more. However, a judgment on the County docket (as opposed to merely the magisterial district docket) is more effective to get at (or "execute upon").  For example, a judgment in county court can be used to execute upon the Defendant's assets county-wide.  This can include his house, bank accounts, cars, or other stuff.

But how?

The County Sheriff will have the power of execution by serving a writ of garnishment. This is something with which a lawyer should assist you.

In Allegheny County, a judgment on the County docket automatically constitutes a lien against the defendant's real property (house, business) in the county.  A judgment on the County docket can also be used to execute on the Defendant's bank accounts in the Commonwealth of Pennsylvania.

What's the Effect of An Appeal of Small Claims Court?

A timely appeal (within 30 days) of the award of an MDJ renders the award a nullity, meaning, no judgment can be entered on the award and, thus, the Defendant's assets will remain safe pending the outcome of appeals.  The same things applies if the case proceed onto the arbitration docket, as mentioned above, and, again, a timely appealed is filed in regard to the arbitration award:  it is like the award never happened.  This means, no judgment can be entered on the award and, once again, the Defendant's assets remain safe from execution.

How Many Appellate Levels Are There Above Small Claims Court? 

At least two, as a matter of right:  one to the arbitration docket, and from there, either party can appeal to seek a jury trial.

This might be good news, or bad, depending on whether you are the one trying to recover money versus being the party on the defense side, looking to drag this out indefinitely for leverage in settlement.  Any party can appeal the decision by the MDJ for any reason or no reason, then the case will appear on the County arbitration docket, where 3 lawyers appointed for the day will serve as the finders of fact and law at your arbitration trial.  There, again, any party can appeal the decision for any reason or no reason.  Then, the case will appear on the docket of the Court of Common Pleas and be listed for a jury trial or bench trial, depending on what is requested.   So there are two appeals that can be taken as a matter of right.

Can You Appeal a Decision by a Judge or Jury?

Yes, however, this time, it's much more complicated.  You have to state a reason and show how the judge made an error as a matter of law.  The appeal goes to the Superior Court of Pennsylvania.  Unfortunately, the Pennsylvania Rules of Appellate Procedure make it extremely difficult to do these appeals.  Many formalities exist, such that many lawyers (including our firm) charge $4,000 to $6,000 to appeal to the Superior Court.

For example, the "brief" in support of the appeal to the Superior Court must include a table of contents, table of citations, and a reproduced transcript of everything that happened before the trial court, which is almost like writing a short novel.  This should only be considered if the trial court made a significant mistake and there is a significant amount of money involves in the dispute.

There is yet another major draw back of appealing to the Superior Court:  unlike your appeal of the MDJ or arbitration award, the appeal to the Superior court does not render the prior decisions a nullity.  A judgment (based on a decision by judge or jury) remain valid and something that can trigger execution on the Defendant's assets until either (1) the superior court acts on the appeal and overturns the lower court's decision, (2) the Superior Court grants a stay of execution upon separate petition, or (3) the losing party posts bond to cover 120% of the amount of the judgment pending the appeal.

 

Can the Case filed in Small Claims Court be Settled Before Court?

Yes.

Remember that settlement is an option at every stage. As the saying goes, its is often a long walk from the courthouse to the bank.  Likewise, Defendants who expect to drag out a case forever will run out of appeals, eventually.  Getting experienced counsel involved early can help bring about a creative and efficient settlement of a matter before it takes on a life of its own.  Many cases before the Superior and Supreme Court involves disputes involving less than $10,000.  By then, all parties to the dispute have "lost" by virtue of how much time and energy they put into the dispute in lieu of pursuing other endeavors.  So it may be worth involving counsel sooner rather than later to bring resolution to your matter.

What are the Costs of Retaining an MDJ Knowledgeable Lawyer? 

Our Pittsburgh lawyers turn away more cases than we accept.  We want to leave every client in a better position than we fount him or her, meaning, we do not offer representation unless we believe it will be cost-effective.  Because of the volume of emails and calls we get, we cannot always respond to every inquiry.  If you do not hear from us by the end of the day, feel free to call your local county bar association for a lawyer referral.

New Number: 412.342.0992

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