how to file a small claims complaint in philadelphia pa as an attorney

The plaintiff or the plaintiff's attorney should go to the small claims division of the district court in the particular county where the person or business to be sued has an office or is domiciled and file a Statement of Claim Form. The plaintiff is responsible for furnishing the court with the correct and complete address of the defendant.

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Can I file a claim in Philadelphia Small Claims Court?

How to File a Case in Small Claims Court. You can bring a lawsuit for less than $12,000 in Small Claims Court, which is part of the Philadelphia Municipal Court. The following explanation of the Small Claims Court process comes from the Municipal Court's brochure, Information for Small Claims Court. The Philadelphia Municipal Court hears cases for parties seeking a money …

How do I file a complaint against an attorney in PA?

To file a claim in Philadelphia Small Claims Court, the defendant must either live in Philadelphia or the accident must have happened in Philadelphia. If you are filing a Philadelphia Small Claims Court breach of contract matter, the document must have been signed in Philadelphia or the defendant lives in Philadelphia.

How do I file a lawsuit in Small Claims Court?

The first step in filing a small claims case is to obtain and fill out the necessary forms and pay the required fees. You’ll need the name and address of the person or business you’re suing (the defendant). You'll also need the details about your claim, including the date the claim arose and the amount you intend to ask for in damages.

Do I need an attorney to file a small claims case?

light striking another vehicle. As a result of the accident, those in the other car may file a negligence action for personal injuries and property damages. HOW TO START A SMALL CLAIMS CASE If an attorney does not represent you, you must come to the court’s first filing office on the 10th floor of 1339 Chestnut Street.

Can you have an attorney in Small Claims Court in PA?

Can an attorney represent a small claims claimant in Pennsylvania Magisterial District Court? Lawyers can appear on behalf of small claims plaintiffs or claimants in Magisterial District Court.

How much does it cost to take someone to Small Claims Court in Philadelphia?

$50.00Small ClaimsSmall Claims (Includes One Certified Mail Services)Complaint$50.00Each Additional Defendant$10.00Counterclaim / Crossclaim$25.00Additional Service per Defendant22 more rows

Can you have an attorney in Small Claims Court?

No. Representation by attorneys and advocates is not allowed at the Small Claims Court. You may obtain advice on the merits of your claim from an attorney beforehand. The legal assistants and clerks of the Small Claims Court will be able to assist you free of charge.

How much does it cost to file a small claims case in Pennsylvania?

The fee for filing a complaint varies, currently ranging between $53.00 and $127.50, depending on the amount of money claimed in the case. There will also be additional charge to cover the cost of delivering a copy of the complaint to the defendant.

How do I file a small claim in Philadelphia?

In Philadelphia, you must file your small claims court case in person (not by mail) by going to the court's first filing office on the 10th floor of 1339 Chestnut Street in Philadelphia. The Philadelphia court has interviewers to assist you in filling out the paper work.

What is the statute of limitations for small claims court in PA?

You have a limited amount of time to bring a lawsuit, regardless of the Pennsylvania court in which you file. The statute of limitations for injury and property damage cases is two years, and four years for contract cases.Feb 27, 2020

How do I file a claim in small claims court?

Small Claims CourtsSteps to follow.Step 1: Contact the other party.Step 2: Write a letter of demand.Step 3: Go to the clerk of the court.​Step 4: A summons is sent to the opposing party.Step 5: The hearing.Step 6: After judgment has been given.Important notice:More items...•Oct 25, 2019

Can I file a case against someone who owes me money?

In case of default in the payment of money, the lender can approach the court and file a civil suit for recovery of money or a criminal suit for fraud/ breach of an agreement. CIVIL SUIT: The lender can file a civil suit for recovering the money he owed through promissory note or loan agreement.Jan 28, 2019

Can legal costs be claimed in a small claims court?

Although generally only fixed costs are allowed in small claims, there are three ways to argue that costs should be awarded: unreasonable conduct, contractual costs and statutory costs.Apr 27, 2018

What kind of damages can you sue for in small claims court?

What Kinds of Cases Go to Small Claims Court?Breach of contract disputes.Personal injury claims (such as dog bites)Collection on debts or loan repayments.Professional negligence claims (like bad car repairs)Claims regarding the return of a renter's security deposit or personal property.More items...•Aug 25, 2020

What are the requirements for small claims court?

—A small claims action is commenced by filing with the court an accomplished and verified Statement of Claim (Form 1-SCC) in duplicate, accompanied by a Certification of Non-forum Shopping (Form 1-A, SCC), and two (2) duly certified photocopies of the actionable document/s subject of the claim, as well as the ...

What is considered a small claims case?

Small-claims cases are cases that are purely civil in nature, where the claim or relief prayed for by the plaintiff is solely for payment or reimbursement of sum of money not exceeding P200,000. Its purpose is to provide a simplified and inexpensive procedure for collection of sum of money.Feb 8, 2016

How to contact Philadelphia Small Claims Court?

For more information, call the Philadelphia Judicial District Court at 215-686-2901. If you have a small claim matter, you can handle it yourself, and win, in Philadelphia Small Claims Court. Watch the video below and learn how.

How to resolve a small claims case in Philadelphia?

Speak directly to the judge. Do not speak directly to the other party. Do not interrupt the judge or the other party. You will have your chance to explain your case. In summary, Philadelphia Small Claims Court is a good way to go if you want to resolve your dispute quickly and economically.

What happens if you don't show up for a hearing in Philadelphia?

Show up on time for your hearing. If you do not show up on time, your claim may be dismissed. Your case will be one of may cases listed for a hearing that day. You may have to wait for your case to be heard, especially if it is Philadelphia County.

How long does it take to file a complaint in Common Peas Court?

Usually the court schedules a hearing within 4-5 weeks of you filing your complaint. (In Common Peas Court, it can take up to 9 months to a year.)

What documents do you need to file a claim?

Documents you may want to include are correspondence, photographs, diagrams, invoices, contracts, cancelled checks, and cost estimates of the property damage .

What is small claims court in Pennsylvania?

In Pennsylvania, Small Claims Courts are called Municipal District Courts. Municipal District Courts are located in every County and there are many of them in each County. Damages are limited to $8,000 – $12,000 and this amount varies from County to County. You cannot file a claim in Philadelphia Small Claims Court if you claim damages exceeding ...

How to contact a company in Pennsylvania?

You may find the name and address of Pennsylvania Corporations on the Pennsylvania’s Corporation Bureau website or you can call them at 717-787-1057. Go to the District Court and get the complaint form.

How long does it take to file a lawsuit in Pennsylvania?

The statute of limitations for injury and property damage cases is two years, and four years for contract cases.

How long does it take to file a counterclaim in Philadelphia?

A defendant who believes the plaintiff owes money must file counterclaim at least five days before a Magisterial District Court hearing. The deadline is at least ten days before trial in Philadelphia Municipal Court unless the counterclaim is less than $2,000. In small claims court, you won’t need to worry about details like choosing a jury.

What happens if you file in the wrong court in Pennsylvania?

If you file in the wrong venue, the defendant can ask the court to dismiss the action. The general venue rules of the Pennsylvania Magisterial District court require you to file your case as follows:

What happens if you file in the wrong court?

If you file in the wrong venue, the defendant can ask the court to dismiss the action.

How old do you have to be to file a small claims claim?

If you are at least 18 years old (or an emancipated minor) and you’re seeking $12,000 or less, you can file a claim in small claims court. If you’d like representation, you’re free to hire a lawyer. Claimants can have attorneys present their cases in Magisterial District court. Most small claims courts allow business entities, ...

How much can you recover in Pennsylvania?

You can recover $12,000 or less in the Pennsylvania small claims courts. If you need an order to make someone do or stop doing something, other courts are available. For example, if you want to file for divorce or increase child support, you’ll need to go to a family law court.

What happens if you win a court case?

If you win, the judge will order the other party to pay a specified amount of money. The court clerk will usually enter and mail the judge's decision—known as a money judgment—a few days after the hearing.

Where to file a lawsuit in Philadelphia?

Then you must find the correct court. In Philadelphia, you will file your lawsuit in the Municipal Court. Outside Philadelphia, you will file in the appropriate Magisterial District Court. Steps.

What do you need to file a small claims lawsuit?

Generally, small claims court handles issues like contract disputes and injury claims. To file your lawsuit, you’ll need to gather relevant documents and information. For example, have copies of contracts, medical records and bills, photographs, invoices, and any correspondence between you and the defendant. Once you file your lawsuit, you’ll need ...

Where do you file a complaint?

You must file your complaint in the district where the defendant lives or where the incident occurred. For example, if you are suing because of a car accident, then you can sue in the district where the accident took place regardless of whether the defendant lives there.

How much do you have to sue for small claims?

You need to figure out how much you are suing for before you can bring a case in small claims court. To sue in small claims, you must sue for $12,000 or less. You should gather the following and then total the damages you have suffered: If there was a contract, the you should get your copy of the contract.

How long does it take to get a notice of appeal?

In order to appeal, you need to get a Notice of Appeal form from the court clerk and fill it out. You have thirty days to fill out the Notice of Appeal form. Be sure to keep a copy for your records. You also must serve copies of the form on the defendant and on the judge who heard the case.

What are some examples of small claims court?

Examples include someone hitting your car or performing poor medical or dental work. Gather proof of your injury. You need to figure out how much you are suing for before you can bring a case in small claims court.

How to get a referral for small claims court?

If you want an attorney, you can get a referral by calling the Pennsylvania Bar Association Lawyer Referral Service at 800-692-7375.

Where to file a complaint with the MDJ?

File your form with the MDJ. Once you've finished filling out the form, file it in the MDJ's clerk's office. You may file your complaint be mail, but if you file it personally you can have the clerk look over it and make sure you're filing it correctly.

How long does a defendant have to answer a complaint?

After the defendant is served, she has up to five days before the trial date to file an answer to your complaint. If your case is in Philadelphia Municipal Court, she must file her answer at least 10 days before the trial date. Gather all documents and information related to your claim.

How long does it take to collect money from a judge?

The MDJ may set up a payment plan lasting up to 12 months for the defendant to pay. After the ruling, the defendant has 30 days to appeal.

How much does it cost to file a lawsuit in person?

Filing in person also ensures you're paying the correct amount in filing fees. You should expect to pay a filing fee of somewhere between $40 and $80 depending on the amount of money in dispute. If you succeed in your lawsuit, the defendant will be ordered to pay you back for these filing fees.

How many copies of documents do you need to file a complaint?

If you're attaching any documents such as bills or contracts as exhibits to your complaint, you will need to make at least three copies – one for the court, one for you, and one for the defendant. If you are suing more than one person, make sure you have copies for each.

What is the name of the court in Pennsylvania?

The Magisterial District Court is Pennsylvania's small claims court. Claims are resolved more quickly in a more informal setting than the Common Pleas Court, and you do not need an attorney. Claims in the Magisterial District Court are heard by a Magisterial District Judge.

How long can you file a personal injury claim?

In some cases, that time limit could be as short as 30 days from the date of the event that gave rise to your claim. However, other claims such as those involving a personal injury have statutes of limitation as long as two years. ...

What information do you need to file a small claims claim?

This will include the defendant’s full name, correct address, and a description of your accident, injuries, and losses. You cannot use a P.O. Box as the defendant’s address.

How to win a personal injury case in Philadelphia?

To win your case, you will need to rove through a preponderance of evidence that the defendant owed you a duty of care, breached this duty, and caused your accident and injuries. Be polite and never interrupt the judge or defendant. Speak to a personal injury lawyer in Philadelphia if you need help with your case.

What happens after a claim is filled?

After the claims filling process, you will receive a court date on which you and the defendant will present your sides of the case before a judge. Show up to your court date on time, or else the courts will enter a default judgment against you.

What documents do you need to file a claim?

Documents you need may include your initial insurance claim, communications from insurance companies, medical records, hospital bills, correspondence between you and the defendant, photographs of the accident or damages, invoices, business contracts, and estimates for property damage repairs or replacements.

What is the best way to get an accurate representation of what your claim is really worth?

This is the most common type of calculation, although the courts may also use the per diem method. Consulting with a personal injury lawyer is the best way to get an accurate and honest representation of what your claim is really worth. Use a free consultation to discover the potential value of your case.

Small Claim Court in Pennsylvania

The small claims court in Pennsylvania specializes in resolving small claims cases. You as a claimant will require an attorney, like the ones in our firm, to help you file a small claim.

Small Claims Professional Experts in Pennsylvania

While it is not important to have a small claims paralegal staff at hand during a small claims case, the help of one will be of good use. To File Your Small Claim Case, you have to file a statement of claim, which asks you to fill in about the incident and the amount you demand.

Small Claims Court Online in Pennsylvania

PA Small Claims Court has educated, knowledgeable, experienced, and trustworthy small claims practitioners working for us. If you want to File A Small Claim of $10,000 or less as a person, or $5,000 or less as a firm or cooperation, you will have to fill out your petition form.

Pennsylvania Small Claims Court Process

Small claims courts in Pennsylvania only Deal With Claims Under $5,000 if the claimant is a firm or cooperative, or below $10,000 if the claimant is an individual.

Pennsylvania Small Claims Attorney

Having the right legal guidance by your side during a Small Claims Case, no matter how simple it seems, is always helpful. PA Small Claims Court has trained professionals in the field of law and regulations of Pennsylvania who can easily and correctly guide you through your court procedure.

How to submit small claims court papers in Philadelphia?

There are two ways to submit the papers in the small claims court of Philadelphia. 1) Submit the papers by hand. If you are living in the same county where you are submitting the small claims forms then you should take the documents and submit them by hand . It is the fastest way to get the trial date.

How much can I file a small claim in Philadelphia?

Every county court has its own way of filing a small claim. A person can file a complaint in Philadelphia small claim courts if the dispute is lesser than $10,000 against a person.

What is the first step in the small claims process?

The first step in the small claims process is to define the story of the event. You must have to have a valid reason for suing. In a small claims case, the story of the event is usually described as a reason for suing. The court will ask you the reason for suing, and you must have to describe it well.

What is a small claims court?

Private disputes that do not involve large amounts of money can be taken to the small claims court. Small claims are for simple cases that don’t involve large amounts of money or complicated issues. Every court has its own way of submitting small claims that can be complicated.

Where can I download small claims forms?

You can download the small claims forms from the website of the county court. If you would like to file your small claims online in Philadelphia court without any delay, you may file your case now. The paralegal of Fast Legal Filing will research and prepare your small claims case for Philadelphia court and will send you all the instructions.

Does every county have a small claims court?

Almost every county has its own small claims court . If you are a residence of Philadelphia, then you must have to choose the right small claims court to file your case. If you will try to submit your case to another court, they will not accept your case and will return your small claims papers. Send a demand letter: