By: Robert B. George, Esquire
[email protected]
If you have a civil claim against a person or business in which you’re seeking to recover an amount of money totaling $12,000.00 or less, you may best be served by proceeding before a Magisterial District Judge in what is commonly known as “small claims court”.
While claims for an amount equal to or less than $12,000.00 may also be filed in the Common Pleas Court in your County, a Magisterial District Court may be a better option because that process tends to be less formal, less expensive, and generally faster than proceeding in the Common Pleas Court. Additionally, an attorney is generally not required for a party to proceed before a Magisterial District Judge – although it may be advisable to have an attorney involved, depending upon your particular case.
If you decide to proceed with a lawsuit before the Magisterial District Court, you’ll need to know that there are rules of civil procedure for Magisterial District Courts that specifically govern where the lawsuit may be filed depending on the parties involved and the nature of the claim for which relief is being sought. In general, a case can be brought before the Magisterial District Court having jurisdiction over the area in which the Defendant (the person or business being sued) resides or may be located, or where the underlying incident or transaction that gives rise to the claim took place. For example, a claim arising out of a dispute over home repairs can be filed before the Magisterial District Court having jurisdiction over the contractor/repairman’s place of business, or where the underlying contract for the repairs was signed by the parties.
Once you determine the correct Magisterial District Court in which to file your lawsuit, you will need to file a Complaint. It is important that the Complaint include the following items: (i) the filing parties name and address; (ii) the name and address of the person/entity against whom/which the claim/case is being filed; (iii) the amount of money being sought in the underlying claim; and (iv) a brief statement of the claim and the relief being sought before the Magisterial District Court. While it is permissible to file the Complaint by mail, it is highly recommended that it be filed in person whenever possible so as to ensure that you have the correct filing fee as well as to ensure that the Complaint is being filed correctly, since you will be able to immediately correct any errors or defects that may exist right then and there.
Once you have filed the Complaint, the Magisterial District Court will schedule a Hearing, generally between 12 and 60 days from the date that the Complaint is filed. It is not unusual, however, for the initial Hearing date to be continued (postponed) by either party or by the Magisterial District Court itself, for a number of reasons. Before you can proceed, however, the party against which the lawsuit has been filed (the Defendant) must be provided with a copy of the Complaint as well as advance notice of the Hearing date. The Magisterial District Court will usually give you the choice between two options for doing so, which is called “serving” the Defendant. You can request that the Complaint be served by certified mail, or be personally served upon the Defendant by a constable for an additional fee. It is recommended that you have the Complaint personally served upon the Defendant because this is a reliable and effective form of service.
For the Hearing, you should as the filing party (called the Plaintiff) gather all documents that you have relating to your claim, and make sure that all witnesses you may need are both aware of the hearing date and have confirmed their intention to attend and testify on your behalf. You may need an attorney to assist you in gathering the documents that may be necessary for your case as well as determining those which will be permissible at the time of the Hearing.
The Magisterial District Judge may either render a decision immediately following the conclusion of the Hearing, or choose to take the case under advisement, in which case the decision will be mailed to the parties. Thereafter, either party has the right to file an appeal to the Common Pleas Court within thirty days of the date of the decision, which involves an entirely different and complex set of rules and procedures that must be adhered to by the respective parties in order to proceed with the case at the Court of Common Pleas level. At this level, being represented by an attorney is highly recommended.
Should you be contemplating, or already be involved in a lawsuit before a Magisterial District Court, whether as a Plaintiff or a Defendant, you may wish to consult with an attorney who has experience with these cases in order to ensure that your rights and best interests are properly protected throughout the process.
The attorneys at the Law Firm of DiOrio & Sereni, LLP are experienced and available to help you. Contact Robert B. George, Esquire at 610-565-5700, or send him an e-mail at [email protected].
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