Frequently Asked Questions

What is Small Claims Court for Civil Disputes?

Small claims (or suit before a magisterial district judge or MDJ) is the lowest level court in PA for civil disputes. You can seek up to $12,000 for negligence, a contractual violation, or other claim for money damages. However, the judge can only award money, and nothing else, such as change title to a vehicle or real estate. 

Either party can appeal without stating a reason. In fact, the defendant need not attend the civil court hearing, so long as the Defendant files a timely appeal within thirty (30) days of the award. Then, the case goes to the county arbitration docket, next. But absent an appeal from small claims court, the plaintiff can record the small claims court award as a judgment on the county docket and start attempting to execute on the defendant's assets.  You don't need a lawyer, but you should at least consult with one before getting involved in any MDJ court case.  

 

 

What Are the Advantages of Small Claims Court?

The advantages include:

1. 1. 1. Low costs to sue and serve the Defendant, 
      2. Fast court date (compared to other courts), 
      3. Easy paperwork, 
      4. Less formal hearing, 
      5. The right to serve subpoenas to make witnesses appear.
      6. Absent an appeal, the judgement can be used to execute on assets, such as real property, and
      7. It's an easy way to get the Defendant's attention, as one person learned, when suing Meta on the lowest level court docket.  

 

What Can Go Wrong, Filing in Small Claims Court?

You're making a big mistake filing in small claims court if: 

• • • Your case is governed by a contract requiring you to file suit somewhere else.  
    • You fail to sue the right party or fail to add all parties needed to resolve the matter.    
    • Your case is worth much more than the court's limits of $12,000.  
    • You seek something other than money.  If, for example, you seek to have your name removed from a mortgage or car loan, or you seek the return of a pet or painting, small claims court may waste your time. 

 

When Does Self-Representation Make Sense? 

Some people want their "day-in-court" no matter what it costs. And Pittsburgh attorneys charge between $150 and $400 per hour. But most litigants want to avoid paying more fees than a case is worth.  Small claims court has simplified rules, designed for litigants to represent themselves. You also have the option to speak with a lawyer for a consultation to get questions answered, before filing suit yourself.   

 

What is Your "Flat-Fee" Small Claims Court Consultation?

For up one (1) hour and for only $200, we meet in person or over the phone to: 

• • • Review any document you would like us to see.  For example, we review contracts, estimates of damages, evidence to be offered.  
    • Evaluate the Strength of Claims and Defenses.  
    • Discuss evidentiary issues with you.  For example, how do you get evidence admitted into court?

    • 

      Do a Case Valuation.  The value of your case may exceed the $12,000 limit of the lowest court.  For example, your claim against a home improvement contractor might trigger the Home Improvement and Consumer Protection Act ("HICPA").  There, you can get triple damages at times, making the case worth more than the small claims court limit of $12,000. Instead, You may want to file suit on the compulsory arbitration 

    • Help Make Sure You're Suing the Right Party. If the Defendant is "Jones, LLC," but you sue "Jones, Inc.," the award in your favor may be worthless.    
    • Determine if You're Seeking Relief More than Money.  A small claims court judge can only award money. Nothing else. It cannot order a cease and desist, a mechanic's lien, or enforce a non-compete, for example.  
    • Evaluate Collectability.  Is the Defendant judgment-proof?  What are the chances of collecting money under law? Can you garnish wages?  Levy on vehicles?  For sale of real property? Get bank account money?  How do you file a writ of execution?  Will the county sheriff serve it? 

 

Where Do I Get the Paperwork to Start a Case? 

Your local magistrate will give you a copy of the forms to file suit. Or, click here to get the forms online. These include form complaints (here), answers, counterclaims, and appeal forms (here), which are designed to be filled out by hand.  

 

Should I Have a Lawyer Come to Small Claims Court With Me?

You're free to have a lawyer present your case or defense.  However, it may not be cost-effective, because either party can appeal for any reason.  On appeal, the matter starts over again "de novo," on the arbitration docket.  Therefore, we do not advise that you retain us to appear in court at the small claims court (magisterial docket) level.

 

What Will Happen at My Small Claims Court Hearing?  

We cover this during our consultation. But click here for an article we wrote.  

 

Where Can I File My Case? 

If your case is governed by a contract, look at the language of your agreement first, to see if it has a "choice of forum clause."  This can  determine the county or state where the suit must be be brought. PA might be the wrong state!  Or you might have to file in Philadelphia County, not Allegheny.  Or, there might be an arbitration clause, preventing suit in any court. 

But absent one of the above clauses, venue and jurisdiction is 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. For a list of magisterial districts, click here.

 

On the Defense Side, What Do I Do?

A defendant has to decide whether to attend small claims court. If you attend, without a lawyer, and say something that can be used against you later, your attendance will have been a mistake. But the defendant must file a timely appeal within thirty days of the award, or he loses the right to present a defense.  Contact us to evaluate strategy on the defense side.   

 

How Do I Appeal A Small Claims Court Award?

A lawyer can handle your appeal from small claims court, but the forms are designed for you to do it yourself.  The important thing is to file the paperwork within 30 days of the date of the award, not 30 days from when you receive it.  After that, the award cannot be appealed.  

 

Can I Settle My Small Claims Case Before Going to Court?

Yes. Settlement is an option at every stage.  And, recovering some money now might be worth more than a paper judgment, later.  As the saying goes, it's is often a long walk from the courthouse to the bank.  Plus, a Defendant can drag the case out through appeals.

 

What's the Effect of An Appeal From 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.  The Defendant's assets will remain safe from execution pending the outcome of appeals.  

 

How Many Appeals Can be Taken?

How many appeals can be taken from the small claims court?  Well, there's -- 

• • • One - from small claims court to the arbitration docket, 
    • Then another one -- from arbitration to a jury or bench trial on the Court of Common Pleas, then,
    • And yet another one --  to the superior court.  

After that, a party can appeal to the PA Supreme Court, but the court has discretion whether to hear the case or not. The bottom line: consider getting experienced counsel involved early to understand claim valuation before the case takes on an expensive "life of its own." 

 

Can I See Small Claims Court Filings Online? 

No.  You cannot see what's been alleged by either party.  But you can access the "docket sheets" online, which provides the filing date, disposition, and nature of the claim.  

 

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 the 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 (NLS) at:

Allegheny County    412-255-6700

Beaver County         724-378-0595

Lawrence County    724-658-2677