Prepare your documents for Small Claims in Pennsylvania

This website helps prepare the forms required for Small Claims in Pennsylvania

Start

HOW IT WORKS

1. Take Screening

Start with an online screening tool to help you determine which eviction-related legal option best fits your situation.

2. Prepare Documents

Instead of looking at the forms themselves, our system will help you complete your filing documents by having you answer all of the necessary information by topic. We will ask you questions in plain and non-legal language. To make this process as simple as possible, our system will then generate your response anywhere it is needed on the forms.

3. Consult Advocate (Optional)

You can consult a small claims advisor to get guidance on your case. If you're filing or responding to a small claims case, an advisor can help you understand the process and your legal options. They can review your documents, explain court procedures, and assist you in preparing for your hearing.

4. File with the Clerk

You can begin your small claims case in Pennsylvania by filing a civil complaint with the Magisterial District Court where the defendant lives or where the dispute occurred. You must file in person at the appropriate court office. Contact your local Magisterial District Court for specific filing instructions, forms, and fees.

Process

Step 1

You: Take Online Screening

Begin your small claims process by taking the screening on LegalAtoms. Just enter your zip code in the top right corner of the homepage, then answer a few simple questions about your situation and the dispute you want to resolve. This screening is designed to confirm whether your case qualifies for Small Claims Court and to identify the specific forms and steps you’ll need to follow. Based on your answers, LegalAtoms customizes the process to fit your county’s local rules and case requirements. Before starting, gather all relevant documents to support your claim.

Step 2

You: Gather Evidence and Prepare to File Your Small Claims Case

Start by gathering all documents that support your small claims case, including:

Any written agreements or contracts related to your dispute
Proof of payment or nonpayment, like receipts, invoices, or bank statements
Emails, text messages, or letters between you and the other party
Photos, videos, or other evidence supporting your claim

Next, confirm that your case qualifies for small claims in Pennsylvania and prepare your court forms. You can complete them in person at the courthouse or online, if your local court offers electronic filing. Keep copies of all documents and evidence—you’ll need them at your hearing and when serving the other party. For filing, contact the Small Claims Clerk at the appropriate court in your area.

Step 3

You: Wait for the Required Time Before Filing (If Applicable)

After sending a demand for payment or resolution in Pennsylvania, allow a reasonable time usually 10 to 30 days for the other party to respond.

If they resolve the issue during this time (such as by paying or addressing the problem), filing may not be necessary. But if they fail to respond, refuse to pay, or deny the claim, you can move forward by filing a civil complaint at the appropriate Magisterial District Court.

Step 4

You: Create Your Small Claims Case on LegalAtoms

Log into your LegalAtoms account, or create a new one if you don’t have an account yet. On your dashboard, select “Start New Case” and choose “Small Claims” as the case type. The platform will guide you step-by-step through entering:

The defendant’s full name and contact information
A description of your dispute and the amount you're claiming
Uploading supporting evidence such as contracts, receipts, messages, or photos

LegalAtoms automatically prepares the required New York small claims court forms based on your answers and your specific court’s requirements.

Review all documents carefully, then digitally sign them within the platform. If your local court supports e-filing, you can submit your forms directly through Legal Atoms. Otherwise, you can download a complete packet to print and file in person with the Small Claims Clerk at the appropriate court.

Step 5

You: Serve the Defendant with the Plaintiff’s Claim and Order to Go to Small Claims Court

Once your case is filed, the Magisterial District Court will issue a summons and serve it on the defendant. In Pennsylvania small claims cases, the court typically handles service either by certified mail or through a constable or sheriff. You do not need to arrange service yourself. After service, the court will record proof that the defendant was properly notified.

Step 6

Wait for the Defendant’s Response

After the defendant is served with the court papers, they are not required to file a written response in Pennsylvania small claims (civil) cases. However, both parties must appear in court on the scheduled hearing date.

During this time, the defendant may:

Contact you to attempt to resolve or settle the case
Gather and prepare their own evidence and witnesses for the hearing
File a counterclaim if they believe you owe them money, provided it is filed within the allowable time before the hearing

Step 7

You: Obtain Final Judgment and Enforce the Court’s Decision

At the end of the hearing, the Magisterial District Judge will issue a final judgment. If the judge rules in your favor and the defendant does not pay voluntarily, you can take enforcement steps such as:

Transferring the judgment to the Court of Common Pleas for further enforcement
Requesting a writ of execution to have the sheriff seize and sell the defendant’s non-exempt property
Placing a lien on the defendant’s real estate
Garnishing wages or bank accounts, if permitted by law

You must typically wait 30 days after judgment to allow time for an appeal before enforcing it.

FAQs

What is a small claims case?

What is a valid reason for filing a small claims case in Pennsylvania?

In Pennsylvania, you can file a small claims case in Magisterial District Court for disputes involving $12,000 or less. Common reasons to file include:

Someone owes you money (unpaid loans, rent, or wages)
Breach of contract (incomplete or poor-quality services)
Property damage (vehicle, home, or belongings)
Landlord-tenant issues, like unreturned security deposits
Failure to return personal property
Consumer problems, such as defective goods or services

Small claims are intended to resolve everyday disputes quickly, affordably, and without needing a lawyer.

What is the small claims process in Pennsylvania?

In Pennsylvania, small claims cases are handled in Magisterial District Court and are meant to resolve straightforward disputes involving $12,000 or less. Here’s how the process works:

Prepare Your Case
Gather evidence such as contracts, receipts, photos, messages, or other documentation to support your claim.

File Your Case
File your complaint with the appropriate Magisterial District Court. You can usually file in person, and some courts may allow online filing.

Serve the Defendant
The court arranges for official service of the complaint, typically by certified mail or a sheriff/constable. You do not serve the defendant yourself.

Attend the Hearing
Both parties must appear in court on the scheduled date. The judge hears both sides, reviews the evidence, and issues a decision.

Collect the Judgment (if you win)
If the defendant does not pay voluntarily, you can enforce the judgment through actions like writs of execution, property liens, or bank/wage garnishment, after the 30-day appeal period.

How long does the small claims process take in Pennsylvania?

In Pennsylvania, the small claims process typically takes 1 to 3 months, depending on how quickly the case is filed, served, and scheduled for hearing. Here’s a general timeline:

Filing the Case – Once you file with the Magisterial District Court, a hearing is usually scheduled within a few weeks.

Serving the Defendant – The court arranges service, typically by certified mail or a constable. The case can’t proceed until service is completed.

Court Hearing – Most hearings occur within 30 to 60 days after filing, depending on the court’s schedule.

Judgment & Collection – If you win and the defendant doesn’t pay voluntarily, enforcing the judgment (through writs, liens, or garnishment) may take additional time, especially after the 30-day appeal window has passed.

What happens if my filing is rejected?

When will I hear back about my filing?

Can a landlord evict a tenant without going to court in Pennsylvania?

Are there fees associated with filing a small claims case in Pennsylvania?

Yes, there are fees to file a small claims case in Pennsylvania. The filing fee varies based on the amount of your claim and the county but generally ranges from $50 to $150, including service costs.

You may also need to pay an additional fee if service is done by a constable or sheriff.

If you cannot afford the filing fees, you can request a fee waiver by filing a Petition to Proceed In Forma Pauperis (IFP), which asks the court to waive the costs due to financial hardship.

Do tenants have rights regarding security deposits in Pennsylvania?

Yes, tenants in Pennsylvania have specific rights regarding security deposits:

Return deadline: Landlords must return the deposit (or balance) within 30 days after the tenant moves out.
Permissible deductions: Allowed only for unpaid rent or damage beyond normal wear and tear.
Written notice: If deductions are made, the landlord must provide a written itemized list within the 30-day period.
Forwarding address: Tenants must give a written forwarding address to receive the deposit.
Tenant rights: If a landlord wrongfully withholds the deposit, the tenant can sue in Magisterial District Court and may be entitled to double the amount wrongfully withheld.

Where can I get help with eviction issues in Pennsylvania?

Pennsylvania Legal Help and Resources:
- Pennsylvania Unified Judicial System – Free legal forms and court information
- Pennsylvania Legal Aid Network (PLAN) – Free civil legal assistance for low-income individuals
- Legal Aid of Southeastern PA / Neighborhood Legal Services / Other regional programs – Support with housing, evictions, and tenant rights
- PA Law Help – Legal information and resources for residents statewide
- PA 211 – A free helpline connecting people to legal, housing, and social services across Pennsylvania

Court Forms Created This website guides you through all the topics required to complete your small claims court documents and file your case.

Core Forms

Civil Complaint
Authorization of Representative
Servicemembers Civil Relief Affidavit
Motion to Proceed In Forma Pauperis