Small claims in Pennsylvania.
Pennsylvania's Magisterial District Courts handle small claims up to $12,000 with a straightforward process.
- Most you can sue for$12,000Same cap for individuals and businesses
- Filing fee$50-$150Varies by claim amount and county
- CourtMagisterial District Court
- Lawyers at trialAllowedPermitted but not required
- Appeal window30 daysTrial de novo in Court of Common Pleas
- Recent change—No major changes in the last 3 years
Find your situation.
Pennsylvania small claims handles money disputes up to $12,000 (or $12,000 if you're a business). Browse 7 categories and 39 specific claim types below.
Pennsylvania allows you 4 years to file a claim for breach of contract, whether written or oral.
Wrong court for these10 situations small claims can’t handle
Eviction (unlawful detainer)
Eviction proceedings are handled separately and are not within the jurisdiction of small claims court.
Try instead: File in Magisterial District Court under landlord-tenant proceedings.
Title to real estate
Disputes involving ownership of real property exceed the jurisdiction of small claims court.
Try instead: File in the Court of Common Pleas.
Defamation
Claims for libel or slander are complex and not suitable for small claims court.
Try instead: Consult an attorney for appropriate filing.
Professional malpractice
Malpractice claims require expert testimony and are beyond small claims jurisdiction.
Try instead: File in the Court of Common Pleas.
Family law matters
Divorce, child custody, and support issues are handled by family courts.
Try instead: File in the Family Division of the Court of Common Pleas.
Probate matters
Estate and will disputes are under the jurisdiction of the Orphans' Court.
Try instead: File in the Orphans' Court Division of the Court of Common Pleas.
Claims against the federal government
Federal entities are not subject to state small claims court jurisdiction.
Try instead: File in the appropriate federal court.
Class actions
Class action lawsuits are complex and exceed small claims court procedures.
Try instead: File in the Court of Common Pleas.
Injunctions or specific performance
Small claims court cannot order someone to do or stop doing something.
Try instead: File in the Court of Common Pleas.
Workers' compensation claims
These claims are handled by the state's workers' compensation system.
Try instead: File with the Pennsylvania Department of Labor & Industry.
From owed to paid in 6 steps.
Send a demand letter
Not required, but always do it. While not required, sending a demand letter can often resolve disputes without court intervention. For bad check claims, a 30-day notice is required.
Check your deadline
Every claim has a deadline by which you have to sue (the legal name is the “statute of limitations”). Miss it by a day and your case is dead.
The discovery rule applies to fraud claims, starting the clock when the fraud is discovered or should have been discovered.
File your case
File at the Magisterial District Court. Most cases go in the county where the defendant lives or where the dispute happened.
If you win, filing fee and reasonable service costs are added to the judgment.
E-filing in Pennsylvania: E-filing availability varies by county; check with the local Magisterial District Court.
Serve the defendant
The defendant has to receive official notice of the lawsuit (lawyers call this being “served”) at least 10 days before the hearing (in the same county) or 15 days (out of county). You can’t hand them the papers yourself.
Allowed methods
- Sheriff personal service. Sheriff or constable personally delivers the complaint to the defendant.
- Certified mail. Complaint is sent via certified mail with return receipt requested.
- Private process server. A private individual authorized to serve legal documents delivers the complaint.
File the proof of service (MDJ-06) at least 5 days before the hearing.
What if you can’t find the defendant?
If the defendant cannot be located, the court may allow service by publication in a newspaper of general circulation.
If the defendant is evading service, you may request the court to permit alternative methods of service.
Show up to the hearing
Bench trial, typically lasting 30-60 minutes.
Lawyers at trial: Allowed. Parties may be represented by attorneys but are not required to do so.
When you’ll get the decision: On the spot or mailed within 5 days.
What to bring
- Originals of any contracts
- Receipts and bank records
- Photos and videos
- Names and contact info for witnesses
If the defendant doesn’t show up
If the defendant fails to appear, the court may enter a default judgment in favor of the plaintiff.
You still have to prove your case. Even if the defendant defaults, the plaintiff must present evidence to support the claim and amount of damages.
If you’re the defendant being sued
Defendant is not required to file a written answer but must appear at the hearing. Failure to appear may result in a default judgment.
Counter-suing the plaintiff: Allowed using MDJ-08 (Counterclaim). Serve the plaintiff at least 5 days before trial (same county) or 10 days (out of county).
Counterclaim bigger than the cap? If the counterclaim exceeds the jurisdictional limit, the case may be transferred to the Court of Common Pleas. 42 Pa.C.S. § 1515
If you win, collect
This is where most people stop and lose. The court doesn’t collect for you. The loser has 30 days to pay. Judgments accrue 6% interest per year while unpaid.
Wage garnishment
Have a portion of debtor's wages withheld until the judgment is paid.
How it works
File a writ of execution with the court, serve the employer, and the employer will withhold a portion of the debtor's wages to satisfy the judgment.
Cost: $30 plus sheriff fees
Notes: Effective if the debtor is employed and earns above the exemption threshold.
What’s protected:
- 75% of disposable earnings
Bank levy
Seize funds from the debtor's bank account to satisfy the judgment.
How it works
Obtain a writ of execution, serve the bank, and the bank will freeze and remit funds from the debtor's account.
Cost: $30 plus sheriff fees
Notes: Effective if the debtor has sufficient funds in the account.
What’s protected:
- $300 statutory exemption
Property lien
Place a lien on the debtor's real property to secure the judgment.
How it works
File the judgment with the county recorder to place a lien on the debtor's property, which must be satisfied upon sale or refinancing.
Cost: $30 recording fee
Notes: Effective if the debtor owns real property.
What’s protected:
- Homestead exemption up to $300
Writ of execution
Authorize the sheriff to seize and sell the debtor's personal property.
How it works
File a writ of execution, and the sheriff will seize and auction the debtor's non-exempt personal property to satisfy the judgment.
Cost: $30 plus sheriff fees
Notes: Effective if the debtor owns valuable non-exempt personal property.
What’s protected:
- Personal property up to $300
Multiple creditors? Priority rules.
Priority among judgment creditors is generally determined by the date of lien attachment.
Can you appeal if you lose?
either
- Deadline: 30 days from the judgment notice.
- Filing fee: $50.
- Form: MDJ-05 — Notice of Appeal.
- Type: Trial de novo — the case is heard fresh in the higher court.
The appeal is a new trial in the Court of Common Pleas.
Filing the appeal automatically pauses any collection efforts until the appeal is resolved.
Local rules that matter.
State law sets the rules. Each county handles small claims a little differently.
Philadelphia
- Court structure: Philadelphia has a separate Municipal Court handling small claims up to $12,000.
Allegheny
- E-filing availability: Allegheny County offers e-filing for certain cases; check with the local court.
Why cases get dismissed.
Incorrect defendant information
What goes wrong: Suing the wrong party or using incorrect names can result in dismissal or unenforceable judgments.
How to avoid it: Verify the exact legal name and address of the defendant before filing.
Missing statute of limitations
What goes wrong: Filing after the deadline results in automatic dismissal of the case.
How to avoid it: Confirm the applicable statute of limitations for your claim type before filing.
Improper service of process
What goes wrong: Failure to serve the defendant correctly can delay the case or lead to dismissal.
How to avoid it: Follow the court's rules for service of process precisely.
Insufficient evidence
What goes wrong: Lack of evidence can result in losing the case, even if your claim is valid.
How to avoid it: Gather all relevant documents, photos, and witness statements before the hearing.
Ignoring counterclaims
What goes wrong: Defendants may file counterclaims, potentially increasing your liability.
How to avoid it: Be prepared to defend against possible counterclaims by reviewing your case thoroughly.
Overlooking post-judgment procedures
What goes wrong: Winning a judgment doesn't guarantee payment; you must take steps to collect.
How to avoid it: Familiarize yourself with collection methods and follow through promptly.
Common questions.
Do I need a lawyer?
How long does it take?
What's the maximum I can sue for?
What happens if the defendant doesn't show up?
Can I appeal?
How long is a judgment good for?
Sources13 citations and statutes
- Pennsylvania Unified Judicial System — Magisterial District Court Small Claims Information
- 42 Pa.C.S. § 1515 (Jurisdiction and venue of magisterial district judges)42 Pa.C.S. § 1515
- 42 Pa.C.S. § 1725.1 (Costs in magisterial district courts)42 Pa.C.S. § 1725.1
- 18 Pa.C.S. § 4105 (Bad Checks — civil penalty)18 Pa.C.S. § 4105
- 73 P.S. § 201-1 et seq. (Pennsylvania Unfair Trade Practices and Consumer Protection Law)73 P.S. § 201-1 et seq.
- Pennsylvania Magisterial District Courts Forms (Civil Complaints, etc.)
- Pennsylvania Magisterial District Courts Fee Schedule
- Service of Process – Pa.R.C.P.M.D.J. Nos. 307–308
- Appeals from Magisterial District Judge — Pa.R.C.P.M.D.J. No. 1002
- Pa.R.C.P.M.D.J. No. 401 (Request for Order of Execution)
- 68 P.S. § 250.512 (Security Deposits)68 P.S. § 250.512
- 43 Pa.C.S. § 260.5 (Wage Payment and Collection Law — required pay periods and final payment)43 Pa.C.S. § 260.5
- Philadelphia Municipal Court Civil Division — Small Claims
This is not legal advice. CivilCase is not a law firm. Court rules, fees, and statutes change. Verify against the cited authority before filing. Last researched and updated: April 28, 2026.