Pennsylvania Small Claims Court Fees for Defendants

Do Defendants Pay Fees in Pennsylvania Small Claims Court?

Being served with a civil complaint in a Magisterial District Court doesn't come with a bill attached. The plaintiff paid the filing fee when they started the case — defendants don't owe anything just for showing up and defending themselves.

That changes if you want to file a counterclaim. Under Pa.R.C.P.M.D.J. 315, you'll pay costs based on the dollar amount of your claim. For 2026, the Magisterial District Court civil costs are $68.50 for claims up to $500, $91 for claims over $500 through $2,000, $114 for claims over $2,000 through $4,000, and $171 for claims over $4,000 through $12,000.

Philadelphia Municipal Court uses a separate fee schedule, but the principle is the same — defendants pay fees only when they file their own claim or take certain procedural steps, not when they respond to the original complaint.

The In Forma Pauperis (IFP) Fee Waiver

If you can't afford court fees for a counterclaim or an appeal, Pennsylvania allows you to petition the court to proceed in forma pauperis — literally "in the manner of a pauper." This waives filing fees entirely.

Under the current rule, the court considers whether you lack the financial resources to pay; there is no single statewide income cutoff. Effective November 1, 2026, Pa.R.J.A. 1990 will recognize needs-based public assistance, household income at or below 200% of the federal poverty guidelines with assets under $10,000 (excluding the home and one vehicle), or substantial financial hardship as bases for a waiver. The application asks about income, assets, expenses, and public benefits.

File the IFP petition with the same court where you'd file the counterclaim or appeal. The Magisterial District Judge reviews it, and if approved, you proceed without paying. If denied, you can request reconsideration or appeal that denial to the Court of Common Pleas.

Appeal Fees and the 30-Day Window

The biggest fee a defendant typically faces comes after a judgment. If the Magisterial District Judge rules against you and you want a de novo trial in the Court of Common Pleas, you must file a Notice of Appeal within 30 calendar days and pay the county-specific filing fee. For example, Centre County's 2026 schedule lists $178.50 for a civil appeal from a Magisterial District Judge; check your county's current schedule.

This is where the IFP waiver matters most. The county-specific appeal fee on top of a $12,000 adverse judgment hits hard, and many defendants don't realize the waiver option exists until the deadline has nearly passed.

Other Costs to Anticipate

Beyond filing fees, defendants should budget for a few practical expenses that the court won't cover:

• Certified copies of documents you need for evidence, typically $5–$25 per document from the issuing office
• Subpoena service fees if a constable serves the subpoena — state law sets the service, return, and mileage charges
• Parking and travel to the Magisterial District Court, which may not be in your municipality

None of these are technically court fees, but they add up when you're preparing for a hearing.

Keep Your Costs Organized

Tracking every fee and expense matters if you win and want the judge to include costs in the judgment. The Pennsylvania Small Claims Response Guide includes a post-decision action tracker that helps you document these costs alongside your evidence and hearing preparation.

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