Pennsylvania · Magisterial District Court
How to file a small-claims case in Pennsylvania
You can sue for up to $12,000 in Pennsylvania (exclusive of interest and costs). Here is where to file, what the deadlines are, and how to keep your case organized.
Good to know: Pennsylvania does not use the label "small claims court" as a separate court. Civil claims up to $12,000 are heard in the Magisterial District Courts before a Magisterial District Judge (MDJ). Historically these officers were called "district justices" / the courts "minor courts"; the constitutional name is now Magisterial District Judge. In Philadelphia the equivalent function is handled by the Philadelphia Municipal Court rather than a magisterial district court. A plaintiff with a claim over $12,000 may waive the excess to fit within the MDJ's monetary jurisdiction, but that waiver is automatically revoked if the defendant appeals.
Filing your Civil Complaint (Form AOPC 308A) in Pennsylvania
- Confirm the claim qualifies and pick the right court. The amount demanded must not exceed $12,000 (exclusive of interest and costs) and must be a type within MDJ jurisdiction, such as assumpsit (contract) or trespass (42 Pa.C.S. § 1515). File in the Magisterial District Court for the appropriate magisterial district (generally where the defendant lives/can be served or where the cause of action arose).
- Complete the Civil Complaint (AOPC 308A). Fill in the plaintiff and defendant names and addresses, the amount of judgment sought, and a description of the claim. No changes may be made to the form's content or format. The plaintiff must sign and verify the facts; the verification is subject to the unsworn-falsification penalties of 18 Pa.C.S. § 4904.
- File the complaint and pay costs at the Magisterial District Court. Bring/submit the completed Civil Complaint to the office of the Magisterial District Judge. You are charged filing costs plus service costs (and postage/constable costs) at the time of filing; amounts vary and are set by the statewide Magisterial District Judge cost schedule.
- Have the defendant served. The Magisterial District Court arranges service: it delivers a copy of the complaint to the sheriff or a certified constable for service, or (when permitted, at the plaintiff's option) serves by certified mail. Service must be made at least ten days before the hearing (Pa.R.C.P.M.D.J. 307).
- Appear at the hearing. The court sets a hearing date. The plaintiff must appear and present evidence/witnesses. If a party fails to appear, judgment may be entered against the absent party.
Filing fees: You pay filing costs plus service costs at filing, set by the statewide Magisterial District Judge cost schedule. Confirm amounts with the court.
Key Pennsylvania deadlines
| Case type | Deadline to file |
|---|---|
| Written contract (42 Pa.C.S. § 5525) | 4 years |
| Oral contract or debt (42 Pa.C.S. § 5525) | 4 years |
| Property damage (42 Pa.C.S. § 5524) | 2 years |
| Personal injury (42 Pa.C.S. § 5524) | 2 years |
Answering a lawsuit: No written answer is required; the defendant is directed to appear at the scheduled hearing to present a defense, or default judgment may be entered. (Service must be made at least ten days before the hearing.)
Serving the defendant: The Magisterial District Court arranges service: it delivers a copy of the complaint to the sheriff or a certified constable for service, or (when permitted, at the plaintiff's option) serves by certified mail or comparable delivery method with return receipt. Service must be made at least ten days before the hearing.
Appeals: A party aggrieved by a money judgment may appeal within 30 days after the date of entry of the judgment, by filing a notice of appeal with the prothonotary of the court of common pleas (Pa.R.C.P.M.D.J. 1002). (A judgment concerning a residential lease generally has a shorter 10-day appeal period.)
Pennsylvania small-claims forms
Official Pennsylvania forms, free from the court; CaseBySelf can pre-fill them from your case details.
- Civil Complaint: Starts a Pennsylvania Magisterial District Court small-claims/civil case.
- Magisterial District Court In Forma Pauperis Affidavit Petition: Requests permission to proceed in a Magisterial District Court case without prepaying filing costs.
- Notice of Intent to Defend: Notifies the Magisterial District Court that the defendant intends to present a defense at the hearing.
This page is general information, not legal advice, and CaseBySelf is not a law firm. Rules, fees, and deadlines change and vary by court: verify with the specific court where you file. Source: Unified Judicial System of Pennsylvania - Forms (For the Public). Last reviewed 2026-06-23.