Pennsylvania has replaced its former “small claims court” system of Magistrates and Justices of the Peace with a uniform statewide District Justice system. In southeastern Pennsylvania, all the counties use a nearly identical District Justice system with the exception of Philadelphia, which uses a Municipal Court System with its own unique procedures.
In order to bring a civil claim with the District Justice (“DJ”), the claim must be for $8,000 or less, and the claim must have accrued in the DJ’s district or the defendant must be located in the district. There are thirty District Courts in Montgomery County, each with exclusive jurisdiction over its specific geographic area. The DJ also handles landlord-tenant matters within its district.
A civil action is commenced by filing a complaint on a printed form. The complaint must ask for a specific amount of money, and it must set forth a simple statement of why the plaintiff is entitled to judgment. The statement can be a single sentence, such as: “Defendant owes Plaintiff $2000 for goods sold and delivered to Defendant.” The filing fee is based on the amount the plaintiff demands and ranges from $50 to $130.
Once the DJ receives the complaint and the fee, his or her staff will attempt to serve the defendant by certified mail. It the complaint is returned unclaimed or refused, it must then be served by constable. The plaintiff will have to pay an additional fee, usually $50 or so, and the constable will serve the complaint personally upon the defendant.
After the complaint is served, the DJ will set a default hearing date. On or before that date, the defendant must notify the DJ whether he intends to defend. The defendant may do so by letter, phone, or in person. If the defendant enters a defense, a new date is set at which time a trial will be held. Each side is allowed one continuance. The trial is normally held within sixty days of filing, unlike Common Pleas Court (county level) where it often takes years before a trial is held. If the defendant has not entered a defense by the date of the default hearing, the plaintiff receives a judgment in his favor by default.
Unlike Common Pleas Court, no discovery, depositions, or interrogatories may be taken prior to trial. Preparation for trial can be tricky because the defendant may not know the exact nature of the claim until trial. Likewise the plaintiff has no idea what defenses the defendant will raise. Trial in DJ Court can thus be full of surprises, something the rules in Common Pleas Court eliminate almost entirely.
At the trial the parties may represent themselves, or they may be represented by an attorney. Because of the possibility of surprises, there can be a real benefit to being representated by an experienced attorney familiar with the possible claims and defenses which may come up. Corporations must be represented by an attorney or an officer.
The DJ will mail a decision to the parties within five days of the trial. Any party aggrieved with the judgment may appeal to the Common Pleas Court within thirty days.
The District Justice system provides a quick and cost-effective way of resolving small civil disputes. Call us if we can be of assistance in your small claims matter.
In order to bring a civil claim with the District Justice (“DJ”), the claim must be for $8,000 or less, and the claim must have accrued in the DJ’s district or the defendant must be located in the district. There are thirty District Courts in Montgomery County, each with exclusive jurisdiction over its specific geographic area. The DJ also handles landlord-tenant matters within its district.
A civil action is commenced by filing a complaint on a printed form. The complaint must ask for a specific amount of money, and it must set forth a simple statement of why the plaintiff is entitled to judgment. The statement can be a single sentence, such as: “Defendant owes Plaintiff $2000 for goods sold and delivered to Defendant.” The filing fee is based on the amount the plaintiff demands and ranges from $50 to $130.
Once the DJ receives the complaint and the fee, his or her staff will attempt to serve the defendant by certified mail. It the complaint is returned unclaimed or refused, it must then be served by constable. The plaintiff will have to pay an additional fee, usually $50 or so, and the constable will serve the complaint personally upon the defendant.
After the complaint is served, the DJ will set a default hearing date. On or before that date, the defendant must notify the DJ whether he intends to defend. The defendant may do so by letter, phone, or in person. If the defendant enters a defense, a new date is set at which time a trial will be held. Each side is allowed one continuance. The trial is normally held within sixty days of filing, unlike Common Pleas Court (county level) where it often takes years before a trial is held. If the defendant has not entered a defense by the date of the default hearing, the plaintiff receives a judgment in his favor by default.
Unlike Common Pleas Court, no discovery, depositions, or interrogatories may be taken prior to trial. Preparation for trial can be tricky because the defendant may not know the exact nature of the claim until trial. Likewise the plaintiff has no idea what defenses the defendant will raise. Trial in DJ Court can thus be full of surprises, something the rules in Common Pleas Court eliminate almost entirely.
At the trial the parties may represent themselves, or they may be represented by an attorney. Because of the possibility of surprises, there can be a real benefit to being representated by an experienced attorney familiar with the possible claims and defenses which may come up. Corporations must be represented by an attorney or an officer.
The DJ will mail a decision to the parties within five days of the trial. Any party aggrieved with the judgment may appeal to the Common Pleas Court within thirty days.
The District Justice system provides a quick and cost-effective way of resolving small civil disputes. Call us if we can be of assistance in your small claims matter.
– Mike Malin