Pennsylvania Small Claims Court (2026): Limit, Fees and How to File
How small claims court works in Pennsylvania: the dollar limit, filing fees, serving the other side, the hearing, appeals and collecting your money — each answer linked to the court rule or statute.
Quick answers for Pennsylvania
- Small claims limit
- $12,000, exclusive of interest and costs, for contract (assumpsit) and tort (trespass) claims and government fines and penalties. A plaintiff may waive the part of a larger claim over $12,000 to file in magisterial district court; the waiver is revoked automatically if the defendant appeals. Claims against Commonwealth parties and contract cases where title to real estate may be in question are excluded. 42 Pa.C.S. 1515(a)(3)
- Filing fee
- Statutory base costs are $30 (claims of $500 or less), $40 (over $500 to $2,000), $50 (over $2,000 to $4,000) and $75 (over $4,000 to $12,000), but these were increased each year by inflation through 2024, so the amount charged is higher. Service costs are added, and filing and service costs are due when the complaint is filed. A party who cannot afford costs may ask for a fee waiver. 42 Pa.C.S. 1725.1(a), (f); Pa.R.Civ.P.M.D.J. 206, 206.1
- Are lawyers allowed?
- Yes. An individual may appear personally, through an attorney, or through a non-lawyer representative who has personal knowledge of the dispute and written authorization filed with the court. Partnerships and corporations may appear through an attorney, a partner or officer, or an authorized employee or agent with personal knowledge. Pa.R.Civ.P.M.D.J. 207
- Appeals
- Any aggrieved party may appeal a money judgment within 30 days after entry of judgment by filing a notice of appeal with the prothonotary of the court of common pleas. The appeal is heard de novo (a new trial). A plaintiff who appeals must file a complaint within 20 days after the notice of appeal; a defendant who appeals must file a praecipe asking the court to rule the plaintiff to file a complaint. Pa.R.Civ.P.M.D.J. 1002, 1004, 1007
Court: Magisterial District Court (civil complaint / small claims); Philadelphia Municipal Court in Philadelphia. Last verified: 2026-10-24.
How to file a small claims case in Pennsylvania
- Confirm your claim is $12,000 or less (or decide to waive the excess) and file in a magisterial district where venue is proper.
- Complete the statewide Civil Complaint form without changes, verify it, and file it with the magisterial district court.
- Pay the filing and service costs at filing, or ask for a fee waiver if you cannot afford them.
- The court sets a hearing 12 to 60 days after filing and serves the defendant by constable, sheriff or certified mail at least 10 days before the hearing.
- A defendant who wants to contest the claim files a Notice of Intent to Defend, and any cross-complaint at least five days before the hearing.
- Attend the hearing with your evidence; the judge gives judgment at the hearing or within five days.
- Either side may appeal to the court of common pleas within 30 days; after 30 days the winner may request an order of execution or enter the judgment in common pleas.
Can you use small claims court?
| Small claims limit | $12,000, exclusive of interest and costs, for contract (assumpsit) and tort (trespass) claims and government fines and penalties. A plaintiff may waive the part of a larger claim over $12,000 to file in magisterial district court; the waiver is revoked automatically if the defendant appeals. Claims against Commonwealth parties and contract cases where title to real estate may be in question are excluded. Source: 42 Pa.C.S. 1515(a)(3) |
|---|---|
| Who can file | Individuals, partnerships, corporations and other entities may file using the statewide Civil Complaint form, which must be verified. Tenants may use the same form to sue landlords. |
| Are lawyers allowed? | Yes. An individual may appear personally, through an attorney, or through a non-lawyer representative who has personal knowledge of the dispute and written authorization filed with the court. Partnerships and corporations may appear through an attorney, a partner or officer, or an authorized employee or agent with personal knowledge. Source: Pa.R.Civ.P.M.D.J. 207 |
Filing your case
| Where to file | Against an individual: only in a magisterial district where the defendant can be served, where the cause of action arose, or where the transaction or occurrence took place. Against a corporation: where it has its registered office or principal place of business, where it regularly conducts business, or where the cause of action arose. Improper venue can lead to transfer rather than dismissal. Source: Pa.R.Civ.P.M.D.J. 302 |
|---|---|
| Official forms | Small claims in Pennsylvania are filed at a magisterial district court using the statewide Civil Complaint form, which may not be changed in content or format. Related magisterial district court civil forms include the Authorization of Representative, Guardian's Notice of Intent to Represent Minor Party, Service Members Civil Relief Affidavit, and the defendant's Notice of Intent to Defend. Civil Complaint PDF: https://www.pacourts.us/Storage/media/pdfs/20250110/221034-220311-civilcomplaint-000771.pdf |
| Filing fee | Statutory base costs are $30 (claims of $500 or less), $40 (over $500 to $2,000), $50 (over $2,000 to $4,000) and $75 (over $4,000 to $12,000), but these were increased each year by inflation through 2024, so the amount charged is higher. Service costs are added, and filing and service costs are due when the complaint is filed. A party who cannot afford costs may ask for a fee waiver. Ask the magisterial district court for its current cost schedule. |
| Serving the defendant | Service must be made at least 10 days before the hearing, by the sheriff or a certified constable, or, where the rules allow and at the plaintiff's option, by certified mail or a comparable delivery method with a return receipt. If service is not made in time for a hearing within 60 days of filing, the complaint is dismissed without prejudice (it can be reinstated). Source: Pa.R.Civ.P.M.D.J. 307, 314 |
Before and at the hearing
| When the hearing happens | The hearing is set not less than 12 nor more than 60 days after the complaint is filed. Source: Pa.R.Civ.P.M.D.J. 305 |
|---|---|
| Does the defendant file an answer? | No written answer is required. A defendant who wants to contest the claim should notify the court in writing with the Notice of Intent to Defend form; if the defendant gave that notice and the plaintiff does not appear, judgment may be entered for the defendant. A defendant who does not appear may have judgment entered against them. Source: Pa.R.Civ.P.M.D.J. 305, 319 |
| Counterclaims | A defendant may file a cross-complaint against the plaintiff at least five days before the hearing if it is within the magisterial district judge's jurisdiction ($12,000). Both claims are heard together and only one money judgment is entered, offsetting the smaller amount against the larger. Source: Pa.R.Civ.P.M.D.J. 315 |
| Jury trial | Cases are decided by the magisterial district judge. A party who wants a full trial can appeal to the court of common pleas, where the case is heard anew under the regular civil rules. Source: Pa.R.Civ.P.M.D.J. 322, 1007 |
| Interpreters | The courts provide interpreters for people with limited English proficiency and for people who are deaf or hard of hearing. Contact the Language Access Coordinator for your judicial district; a separate interpreter request form is available for magisterial district court matters. Source: AOPC Interpreter Program |
After the decision
| Appeals | Any aggrieved party may appeal a money judgment within 30 days after entry of judgment by filing a notice of appeal with the prothonotary of the court of common pleas. The appeal is heard de novo (a new trial). A plaintiff who appeals must file a complaint within 20 days after the notice of appeal; a defendant who appeals must file a praecipe asking the court to rule the plaintiff to file a complaint. |
|---|---|
| Collecting your judgment | After 30 days (and within five years), the plaintiff may request an order of execution from the magisterial district judge, which reaches only the defendant's tangible, nonperishable personal property in that county (not bank accounts or real estate; a $300 exemption applies). Alternatively, after 30 days the judgment can be entered in the court of common pleas of any county, where broader collection tools are available. The judge may also order installment payments over up to 12 months. |
Deadline to sue
Written lease: 4 years (an action on a contract, obligation, or liability founded on a writing). Oral lease: 4 years (an express contract not founded on a writing). Exception: a written instrument under seal has a 20-year limit. 42 Pa.C.S. §§ 5525(a)(3), (a)(8); 5529(b)(1)
Official forms and help
Suing a landlord or tenant in Pennsylvania
Pennsylvania tenants use the Civil Complaint form in magisterial district court to recover security deposits and other money from landlords, and landlords use it for unpaid rent and damages up to $12,000. A landlord's suit to recover possession of the unit is a separate landlord-tenant action with its own complaint form and rules.
- Pennsylvania security deposit demand letter (send before you sue)
- Pennsylvania security deposit law
- Tenant lawyers and free legal aid in Pennsylvania
Pennsylvania small claims FAQ
What is the small claims limit in Pennsylvania?
$12,000, exclusive of interest and costs, for contract (assumpsit) and tort (trespass) claims and government fines and penalties. A plaintiff may waive the part of a larger claim over $12,000 to file in magisterial district court; the waiver is revoked automatically if the defendant appeals. Claims against Commonwealth parties and contract cases where title to real estate may be in question are excluded.
Who can file a small claims case in Pennsylvania?
Individuals, partnerships, corporations and other entities may file using the statewide Civil Complaint form, which must be verified. Tenants may use the same form to sue landlords.
Can you bring a lawyer to small claims court in Pennsylvania?
Yes. An individual may appear personally, through an attorney, or through a non-lawyer representative who has personal knowledge of the dispute and written authorization filed with the court. Partnerships and corporations may appear through an attorney, a partner or officer, or an authorized employee or agent with personal knowledge.
Where do I file a small claims case in Pennsylvania?
Against an individual: only in a magisterial district where the defendant can be served, where the cause of action arose, or where the transaction or occurrence took place. Against a corporation: where it has its registered office or principal place of business, where it regularly conducts business, or where the cause of action arose. Improper venue can lead to transfer rather than dismissal.
How much does it cost to file in small claims court in Pennsylvania?
Statutory base costs are $30 (claims of $500 or less), $40 (over $500 to $2,000), $50 (over $2,000 to $4,000) and $75 (over $4,000 to $12,000), but these were increased each year by inflation through 2024, so the amount charged is higher. Service costs are added, and filing and service costs are due when the complaint is filed. A party who cannot afford costs may ask for a fee waiver.
How do I serve the other side in a Pennsylvania small claims case?
Service must be made at least 10 days before the hearing, by the sheriff or a certified constable, or, where the rules allow and at the plaintiff's option, by certified mail or a comparable delivery method with a return receipt. If service is not made in time for a hearing within 60 days of filing, the complaint is dismissed without prejudice (it can be reinstated).
How long does a small claims case take in Pennsylvania?
The hearing is set not less than 12 nor more than 60 days after the complaint is filed.
Does a defendant have to file an answer in Pennsylvania small claims court?
No written answer is required. A defendant who wants to contest the claim should notify the court in writing with the Notice of Intent to Defend form; if the defendant gave that notice and the plaintiff does not appear, judgment may be entered for the defendant. A defendant who does not appear may have judgment entered against them.
Can the defendant file a counterclaim in Pennsylvania small claims court?
A defendant may file a cross-complaint against the plaintiff at least five days before the hearing if it is within the magisterial district judge's jurisdiction ($12,000). Both claims are heard together and only one money judgment is entered, offsetting the smaller amount against the larger.
Is there a jury in Pennsylvania small claims court?
Cases are decided by the magisterial district judge. A party who wants a full trial can appeal to the court of common pleas, where the case is heard anew under the regular civil rules.
Can you appeal a small claims decision in Pennsylvania?
Any aggrieved party may appeal a money judgment within 30 days after entry of judgment by filing a notice of appeal with the prothonotary of the court of common pleas. The appeal is heard de novo (a new trial). A plaintiff who appeals must file a complaint within 20 days after the notice of appeal; a defendant who appeals must file a praecipe asking the court to rule the plaintiff to file a complaint.
How do I collect a small claims judgment in Pennsylvania?
After 30 days (and within five years), the plaintiff may request an order of execution from the magisterial district judge, which reaches only the defendant's tangible, nonperishable personal property in that county (not bank accounts or real estate; a $300 exemption applies). Alternatively, after 30 days the judgment can be entered in the court of common pleas of any county, where broader collection tools are available. The judge may also order installment payments over up to 12 months.
Can I get an interpreter in Pennsylvania small claims court?
The courts provide interpreters for people with limited English proficiency and for people who are deaf or hard of hearing. Contact the Language Access Coordinator for your judicial district; a separate interpreter request form is available for magisterial district court matters.
Where can I get small claims court forms in Pennsylvania?
Small claims in Pennsylvania are filed at a magisterial district court using the statewide Civil Complaint form, which may not be changed in content or format. Related magisterial district court civil forms include the Authorization of Representative, Guardian's Notice of Intent to Represent Minor Party, Service Members Civil Relief Affidavit, and the defendant's Notice of Intent to Defend.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.