Advantages of Filing in Lowest Court in PA

Advantages of Suing For Money in Small Claims Court

Small claims court is the fastest and most cost-effective way to resolve many civil claims for money. That said, we have written about the pitfalls of filing your lawsuit for money in small claims court.  The big disadvantage is, either side can appeal the decision for any reason or no reason. The Defendant need not even show up at the hearing. She need need only file an appeal within thirty (30) days. However, litigants often find that the pros outweigh the cons. Here, we will focus on the advantages of filing in small claims court, which include: 

• 1. The low cost of filing and service of process on the defendant,  
  2. Minimal procedural formalities, and 
  3. It’s confidentiality (relatively).  

1. Low Cost of Filling and Service of the Lawsuit

You can bypass small claims court, entirely, by filing at the next level up:  compulsory arbitration, where you’re not limited to $12,000. That said, let’s compare the costs.

Filing Fees

In terms of filing fees:   

• • • Small Claims Court $142.00 – Filing Fee claims from $4,000 to $12,000 (for more here)
    • Arbitration or General Docket  $170.75 plus $20 (for each additional Defendant, for more click).   

Serving the Lawsuit on the Defendant(s)

Additionally, Due Process requires that you formally serve your lawsuit on each Defendant. Here is the cost comparison: 

• • • Small Claims Court Constable Service:  $13, plus $5 for each additional defendant at the same address,$2.50 for each return of service, plus mileage.
    • Arbitration or General Docket Service By Sheriff:  $85 (one Defendant, one address, $170, two defendants, two addresses).   

Attorney Costs 

In terms of saving costs, you don’t need a lawyer in small claims court, due to the lack of formalities, described below.  In fact, the office of the magisterial district judge will handle the service of the lawsuit for you.  On the other hand, filing on the next level up (arbitration docket), you’ll need to make a separate trip to the Sheriff’s office.  There, you’ll fill out the Sheriff’s separate forms, which an attorney should explain, since the Sheriff (unlike small claims court) is used to dealing with attorneys, not unrepresented parties.  

 

2. Minimal Procedural Formalities

Filing a lawsuit is complicated right?  Not necessarily. Let’s talk about small claims court, first.  

In small claims court — a/k/a magisterial district court —  you essentially fill out a form.  In fact, if you go to your local magisterial district court, the clerk will give you a form “complaint” to fill out and file.  Or, use this link.  On the form, you describe how much money you want (up to $12,000), and why you want it.  A Pittsburgh lawyer at our firm can walk you through the simple process for a flat fee of $200.  

In contrast, filing a claim on the arbitration docket or general docket, your complaint must: 

1. 1. Have separately numbered paragraphs. 
   2. Each claim must be separately stated in different “counts,” so your claim for “breach of contract” must appear in a separate count from “negligence,” see 231 Pa. Code § 1020.
      
   3. Include an attached copy of the written contract, if your case involves breach of an agreement, or you must plead why the contract is not available.   

For these reasons, it is strongly recommended that you hire an attorney to draft your complaint on the arbitration or general docket.  The one exception is for cases on the arbitration docket (one level up from small claims) involving cases for $3,000 or less.  There, a short form Complaint may be utilized. For example, you need not attach the contract to the Complaint, Per Pennsylvania Rule of Civil Procedure 1019.   However, even with a short form Complaint (on the arbitration or general docket), you can only get up to $3,000 and you still need to pay the Sheriff to serve it! 

 

3. Confidentiality 

“Confidential” might sound like an odd way to describe a lawsuit filed on the public docket.  In fact, the public can do free online searches of both the magisterial district judge docket (small claims court) docket and the general docket (where cases filed on the arbitration or general docket are filed). 

So why is one more “confidential” than the other? 

Private Filings (Mostly) 

On the small claims court docket, the public cannot see the content of the complaint you file.  There, the public can only see the name of the parties involved.  However, on the County docket, it’s different.  Most counties — where arbitration or general docket cases are filed — let the public access the content of every filing, online, absent limited exceptions. Thus, if you sue your neighbor on the County docket, claiming he invaded your privacy by staring in your windows when you’re changing to use the swimming pool, the public can read every private detail online.  But in claims court filings, no such online access exists as to your particular allegations.  

 

Let’s Get Started!

A Pittsburgh lawyer at our firm is available to: 

• • • • • speak with you for up to an hour,
        • review your claims (and defenses),  
        • let you know what to expect in court and what to argue — for a flat fee of $200. 

412.342.0992