Pennsylvania · Unpaid personal loan

Unpaid personal loan in Pennsylvania small claims

Friend or family owes you money? Recover it in small claims.

Lending money to a friend or family member without repayment can lead to a small claims case. You do not need a formal promissory note to sue, but having written evidence of the loan — even text messages or emails confirming the amount and a promise to repay — dramatically strengthens your case. The key elements are proving the loan was made, the amount, and that repayment was due.

In Pennsylvania, small-claims cases are heard in the Magisterial District Court and you can sue for up to $12,000 (exclusive of interest and costs).

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.

Unpaid personal loan in Pennsylvania: local specifics

Pennsylvania personal loan claims are filed in the Magisterial District Court; Philadelphia residents use the Philadelphia Municipal Court. Pennsylvania applies the same limitations period to written and oral contracts.

Unpaid personal loan: steps that matter

1. Gather all evidence of the loan: bank transfers, cash-withdrawal records, texts, emails, or any written note agreeing to repay.
2. Calculate the amount owed including any agreed interest, and confirm when repayment was supposed to occur.
3. Send a written demand for repayment with a clear deadline and keep proof you sent it.
4. Confirm you are within the statute of limitations below before filing — the clock may have started from the repayment due date.
5. File in the court where the defendant lives or where the loan was agreed to.

Filing your Civil Complaint (Form AOPC 308A) in Pennsylvania

1. 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).
2. 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.
3. 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.
4. 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).
5. 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.

Deadline that applies to your unpaid personal loan

A personal loan is a contract or debt claim — you lent money on a promise to repay. If you have a written loan agreement, the written-contract statute of limitations typically applies. If the loan was only a verbal agreement, the oral-contract or debt period usually governs. The limitations clock generally starts from the date repayment was due or the last payment made.

Written contract: 4 years (42 Pa.C.S. § 5525)

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.)

All Pennsylvania small-claims deadlines

The table below lists the filing deadlines Magisterial District Court applies by claim category. Confirm the exact rule that applies to your unpaid personal loan claim with your court before relying on any figure.

Pennsylvania small-claims forms for your unpaid personal loan case

These forms are published by the Magisterial District Court. CaseBySelf can pre-fill them automatically 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.