How do I file a small claims case in Pennsylvania to recover money owed?
In Pennsylvania, most small money claims are filed in magisterial district court (often called small claims). The court will take a written complaint that lists the parties, the filing date, and a demand for judgment, and will attach the underlying claim to the complaint. The court sets a hearing date and notifies the parties. If the defendant files a timely written intent to defend or a cross-complaint, the matter proceeds to a hearing where both sides may present evidence.
Court rules require certain timing and form steps: the magisterial district judge must set a hearing date within a set window after filing, the defendant may file a cross-complaint under conditions, and a plaintiff can withdraw or settle before judgment under procedures the rules describe. The in-app filled claim form and evidence checklist are a common next step to prepare the materials the court will expect.
Current Pennsylvania law
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The deadline that matters
The court must set the hearing not less than 12 days and not more than 60 days after the complaint is filed.
What Pennsylvania law says
The court rules require a complaint to state the name and address of each party, the date the claim was filed, and a demand for judgment, and to attach a copy of the claim to the complaint, under Pa.R.Civ.P. 1656. The magisterial district judge, at filing, shall set a hearing date not less than 12 or more than 60 days from the filing date and must give the parties the hearing time, date, and address, under Pa.R.C.P.M.D.J. 305. A defendant may file a cross-complaint at least five days before the originally set hearing date; the rules describe how cross-complaints are processed and how consolidated hearings are scheduled, under Pa.R.C.P.M.D.J. 315. The rules also describe withdrawal and settlement procedures before judgment, and allow a withdrawal prior to the hearing that is deemed without prejudice, under Pa.R.C.P.M.D.J. 320.
What to do
A common first step is to complete the claim form and the evidence checklist (the in-app filled claim form and checklist are useful for this).
A common next step is to file the complaint with the magisterial district court that has jurisdiction and provide the court with the required attachments showing names, addresses, filing date, and demand for judgment, as described in Pa.R.Civ.P. 1656.
A common step is to prepare copies of all supporting documents and arrange for proper service on the defendant so the court can notify them of the hearing date set under Pa.R.C.P.M.D.J. 305.
A common option is to file or expect a possible cross-complaint from the defendant if they file it at least five days before the hearing, per Pa.R.C.P.M.D.J. 315.
A common final step is to attend the hearing with originals and copies of evidence and be prepared for settlement or withdrawal motions under Pa.R.C.P.M.D.J. 320.
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Common questions
What must the complaint include?
The complaint should list each party's name and address, the date the claim was filed, a demand for judgment, and include a copy of the underlying claim attached, as required by Pa.R.Civ.P. 1656.
How soon will the court schedule a hearing after I file?
The magisterial district judge must set a hearing date not less than 12 days and not more than 60 days from the date the complaint is filed, under Pa.R.C.P.M.D.J. 305.
Can the defendant file their own claim against me in the same case?
Yes, a defendant may file a cross-complaint that is within the magisterial court's jurisdiction by filing it at least five days before the hearing; the rules set out how the consolidated hearing is scheduled, see Pa.R.C.P.M.D.J. 315.
What if we settle before the hearing?
Parties may file a written notice of settlement before judgment. The court will mark the case settled and cancel the hearing, or the parties may submit a stipulated judgment form as described in Pa.R.C.P.M.D.J. 320.
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This page provides legal information about Pennsylvania procedures, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
