How to Sue Someone in Small Claims Court in PA

Check Whether Your Claim Fits

Pennsylvania's minor courts hear civil money claims up to $12,000, not counting interest and court costs. You cannot ask for an injunction, a restraining order, or specific performance — only money. If your claim is worth more than $12,000, you can either file in the Court of Common Pleas or waive the amount above the limit and keep the case in the simpler forum.

The claim must also fall within the statute of limitations: four years for contract disputes under 42 Pa.C.S. § 5525, two years for property damage and personal injury under 42 Pa.C.S. § 5524. If you file after the deadline, the defendant can raise the statute of limitations as a defense, which can bar the claim.

Identify the Right Court

Pennsylvania has two forums for small claims. In Philadelphia, you file with the Philadelphia Municipal Court Civil Division at 1339 Chestnut Street. In every other county, you file at the Magisterial District Court that has venue — typically the court in the magisterial district where the defendant lives, works, or does business, or where the transaction happened. The UJS web portal at pacourts.us lists every Magisterial District Court by county and district number.

Filing in the wrong district does not kill the case, but it causes transfer delays and wasted time.

Send a Demand Letter First

Pennsylvania does not require a formal demand letter before most claims, but sending one via certified mail with return receipt requested serves two purposes: it gives the other side a last chance to pay, and it becomes evidence that you tried to resolve the dispute. Give 10 to 14 days for a response. Keep the tracking receipt and the green card — they go into your evidence file.

For security deposit claims, the Landlord and Tenant Act (68 P.S. § 250.512) requires the tenant to provide a forwarding address in writing before statutory penalties apply.

Complete and File the Civil Complaint

Outside Philadelphia, you fill out the statewide AOPC Civil Complaint form (AOPC 308A). In Philadelphia, use the Statement of Claim form from the First Judicial District. Each form asks for the full legal names and addresses of every party, a short factual description of what happened, the dollar amount you are claiming, and your signature under penalty of unsworn falsification.

Attach copies of contracts, invoices, receipts, photographs, and the demand letter. Redact Social Security numbers, bank account numbers, and driver's license numbers from every attachment — the UJS Case Records Public Access Policy requires it.

Bring the signed original plus enough copies for the court and each defendant (usually original plus three per defendant). Filing fees run from about $58 to $127 depending on the claim amount and county surcharges. Philadelphia's flat fees are $94.75 for claims up to $2,000 and $116.75 for claims between $2,001 and $12,000.

If you cannot afford the fees, file an In Forma Pauperis petition to request a waiver.

Wait for Service, Then Prepare for the Hearing

After you file, the court arranges service — usually by certified mail with return receipt and restricted delivery. You do not serve the defendant yourself. If certified mail fails, you can request constable or sheriff personal service.

The hearing is scheduled between 12 and 60 days after filing. Bring the originals and two copies of every document you plan to present: one for the judge, one for the other side. Organize them in a tabbed binder in chronological order. If you need a witness who will not come voluntarily, request a subpoena through the court for a $10 statutory fee.

The hearing itself is less formal than a full trial. The judge hears both sides, looks at the evidence, and either announces a decision at the end or issues a written decision within five days.

What Happens After the Decision

If you win, the judgment does not automatically transfer money to you. If no appeal is filed within 30 days and the other side still does not pay, collection steps can include a writ of execution against a bank account or transferring the judgment transcript to the Court of Common Pleas to create a real-property lien.

If either side disagrees with the decision, there is a 30-day window to file a Notice of Appeal with the Court of Common Pleas. An appeal triggers a completely new trial (de novo), so the Magisterial District Court decision is erased and you start over under the formal rules of the higher court.

The Filing a Small Claims Case in Pennsylvania guide walks through each step with worksheets for every stage — from the demand letter through the hearing evidence binder — so nothing falls through the cracks.

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