Pennsylvania Small Claims Forms - Small Claims Court

Pennsylvania Small Claims Court FAQ Small Claims

Who hears the claims in small claims court?

In small claims court, the trial is an informal hearing before a judge. There is no jury and the plaintiff presents his or her evidence and witnesses. The defendant is also responsible for presenting his or her witnesses. After hearing both sides of the dispute, the judge will render a verdict based on the law and the facts presented.

Who may file a claim in small claims court?  An individual, partnership or corporation (or LLC) may file a claim against another individual(s), partnership or corporation (LLC) in small claims court, if jurisdiction exists to hear the claim, if the amount of the claim does not exceed the statutory limits.

What must I do before I file a claim?  Before you file a claim, get the facts straight so you can complete the forms correctly and answer any questions court personnel may need to know. Be sure to obtain the correct legal name of the defendant, correct address and place/address of employment. If the defendant is a corporation or LLC you would use the legal corporate or LLC name as the defendant. 

How do I file a claim?  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. The clerk will assign the plaintiff a case number and this number must be used whenever contacting the court concerning the particular case. A filing fee is required at the time the claim is filed. If the plaintiff cannot afford to prepay the fee at the time of the filing, he or she can submit an Affidavit of Substantial Hardship and request that the judge delay the payment. 

Who serves the defendant with summons or process and how is the defendant served?  The clerk of the court will issue a summons ordering the defendant to appear in court. The summons and the complaint must be served on the defendant. The summons and the complaint may be served by certified or registered mail. If the court provides this service, there may be an additional fee. If the defendant cannot be served using these methods, the precinct constable or any registered private process server will serve the summons and complaint for a fee. 

How are hearings scheduled? The clerk of the court will provide you with the procedure to set the case for trial or hearing at the time you file your claim. 

May I subpoena witnesses? If witnesses are required, but unwilling to attend the hearing unless they are subpoenaed, you may obtain a subpoena issued by the court clerk for service on the witness. The subpoena is an order for the witness to appear at the hearing to testify. Some employer may require that an employee be subpoenaed in order to be excused from work. 

What are the trial procedures? The trial procedure is generally more informal than other courts. The case will usually be called in open court and you will respond that you are present and ready to proceed. You will then be advised when to present your claim. Be prepared to present your claim in your own words. Be prepared to question witnesses if witnesses are needed. 

What happens if the defendant does not appear at trial?  If the defendant does not appear at trial, a default judgment will be entered in the plaintiff's favor for the amount of the claim or other relief. After judgment is obtained and the appeal time has expired, the plaintiff may seek to collect the judgment by acceptable means of collection. 

What are the common forms used in small claims court?  Common forms used in small claims court are:

  • Claim Statement/Complaint
  • Summons
  • Return of Summons
  • Answer
  • Subpoena
  • Abstract of Judgment

Top Questions about Pennsylvania Small Claims Court Forms

  • What is the threshold for small claims court in PA?

    The threshold for small claims court in Pennsylvania is typically set at $12,000, although this amount can vary based on the specific county. Understanding this limit is crucial when filling out Pennsylvania Small Claims Forms. If your claim is under this threshold, you can seek resolution through small claims court without the complexity of higher court procedures. Always check the latest guidelines, as limits can change.

  • What can you not sue for in Small Claims Court?

    In small claims court, you cannot sue for cases involving significant personal injury, defamation, or claims that exceed the jurisdictional limits. Additionally, disputes like landlord-tenant matters or class action suits are not allowed. Understanding these limitations is essential to avoid wasting time. For guidance on permissible claims, refer to the Pennsylvania Small Claims Forms at US Legal Forms.

  • Can you sue for emotional distress in small claims court?

    Suing for emotional distress in small claims court can be complex and is generally not advised. Small claims court focuses on tangible damages, like monetary losses or property damage. Emotional distress claims may require more detailed evidence and are often better suited for higher courts. Utilizing the Pennsylvania Small Claims Forms from US Legal Forms can help you understand more suitable claims for this level of court.

  • Which of the following case types does small claims court not hear?

    Small claims court does not hear cases involving divorce, child custody, or defamation claims. These types of disputes require more comprehensive legal procedures and are better suited for higher courts. If you are unsure whether your case can be handled in small claims court, consulting Pennsylvania Small Claims Forms can provide clarity on what is permissible.

  • What is the limit for Small Claims Court in PA?

    In Pennsylvania, the limit for small claims court is typically $12,000 for most cases. This cap helps ensure that the court can efficiently handle disputes without becoming overwhelmed by larger claims. It’s crucial to file your claim accurately within this financial limit. For detailed guidance on the process, check out the Pennsylvania Small Claims Forms on US Legal Forms.

  • What is the best evidence for small claims court?

    In small claims court, the best evidence often includes written documentation, such as receipts, contracts, and photographs. Testimonies from witnesses can also strengthen your case if they support your claims. It's vital to organize your evidence clearly and present it effectively. If you're unsure about how to present your evidence, consider using the Pennsylvania Small Claims Forms available at US Legal Forms to help streamline your case.

  • What are the rules for small claims in Ohio?

    While this page focuses on Pennsylvania Small Claims Forms, it’s important to note that each state has its own set of rules governing small claims court. In Ohio, the court typically hears cases involving disputes of $6,000 or less. Additionally, you must file your claim in the correct county and follow specific procedural guidelines. For any questions about forms or processes, US Legal Forms can guide you through the necessary steps.

  • What is the maximum amount you can sue for in civil court in Pennsylvania?

    In civil court in Pennsylvania, the amount you can sue for generally has no upper limit. However, cases involving larger amounts often require more formal procedures, including legal representation. By utilizing Pennsylvania Small Claims Forms for claims under the small claims limit, you can benefit from a simpler process without costly fees. This method helps you resolve disputes efficiently while saving time and resources.

  • What is the statute of limitations for civil cases in PA?

    The statute of limitations for civil cases in Pennsylvania varies by claim type, typically ranging from two to four years. Understanding this timeframe is crucial for anyone considering legal action, as missing the deadline can result in losing the ability to file. Make sure to stay informed about the specific timelines for your situation. Using Pennsylvania Small Claims Forms correctly can help you submit claims within these limitations.