Filing a Pennsylvania Small Claims Case in Magisterial District Court

This article covers filing a civil complaint at the magisterial district court level, what most Pennsylvanians mean by filing a small claims case. For the broader Pennsylvania small claims court system, the hub covers jurisdiction, appeals, and collection. What follows is the filing sequence: where the complaint goes, what it has to contain, what it costs, what the court does next, and the carveout that pulls Philadelphia out of the magisterial district system.

Where Pennsylvania small claims complaints are filed

The Commonwealth has no court titled “small claims court.” Civil claims for money up to $12,000 are heard by magisterial district judges (MDJs) outside Philadelphia, and by the Philadelphia Municipal Court Civil Division inside the city. The $12,000 cap is set by 42 Pa.C.S. § 1515(a)(3) and excludes statutory interest and costs.

Outside Philadelphia, the complaint goes to a specific magisterial district court chosen by venue. 246 Pa. Code Rule 302 sets the framework: an action against an individual can be filed 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. Suits against partnerships, corporations, and unincorporated associations follow the same pattern, plus the entity’s registered office, principal place of business, or place of regular business.

Each county is divided into one or more magisterial districts. The Pennsylvania Unified Judicial System minor courts directory maps an address to its district. A complaint filed in the wrong district is not dismissed outright: Rule 302(H) authorizes transfer to a court of proper venue rather than dismissal. A transfer adds time before the hearing, so confirming venue at the start is worth the effort.

What the complaint must include

246 Pa. Code Rule 303 provides that a civil action is commenced by the filing of a complaint. There is no commencement by summons or praecipe at the magisterial district court level.

246 Pa. Code Rule 304 requires the complaint to be in writing on a form prescribed by the State Court Administrator. The substantive content the rule requires:

• The names and addresses of both parties
• The amount claimed
• A brief statement of the facts: for a tort claim, the date, time, and place and a description of the damages; for a contract claim, the date and a short description of the transaction; for a civil fine or penalty, the date, description, and citation to the authorizing statute
• Any other information the form itself requires

The plaintiff signs the complaint and verifies it under penalty of 18 Pa.C.S. § 4904, which makes false statements in unsworn declarations to authorities a misdemeanor. The verification language is printed on the form; the signature alone completes it.

Rule 304(D) adds a separate affidavit for every individual defendant stating whether the defendant is in active military service, not in service, or of unknown status. The affidavit triggers Servicemembers Civil Relief Act protections (50 U.S.C. §§ 3901 et seq.) for active-duty defendants and is required on every civil complaint against an individual.

The form is the Administrative Office of Pennsylvania Courts’ Civil Complaint, designated AOPC 308A, available at magisterial district court offices and through the Pennsylvania Unified Judicial System.

Filing the complaint step by step

1. Identify the correct magisterial district

   Find the district that satisfies venue under 246 Pa. Code Rule 302: the defendant’s residence for an individual, the registered office or place of regular business for an entity, or where the events took place. A complaint filed in the wrong district can be transferred under Rule 302(H), but the hearing date resets.

2. Complete AOPC 308A

   Enter the legal names and addresses of all parties. State the dollar amount claimed (not exceeding $12,000) and a short factual statement: dates, places, and what the defendant did or owes. For an individual defendant, complete the military-service affidavit; “unknown” is the correct entry when the plaintiff cannot determine status, not “not in service.”

3. Sign and verify

   Sign under the printed verification clause: the facts are true and correct to the best of the plaintiff’s knowledge, information, and belief, subject to the penalties of 18 Pa.C.S. § 4904 for unsworn falsification to authorities. The signature alone completes it.

4. File at the magisterial district court and pay costs

   Deliver the original complaint to the court office. Most courts accept in-person filings during business hours; many accept filings by mail; some support electronic filing through the UJS PACFile portal. Pay the costs at the counter under 246 Pa. Code Rule 206(A), or submit an in forma pauperis petition with the complaint.

Filing fees and the in forma pauperis option

Filing and service costs in magisterial district court are not uniform across Pennsylvania. They are set by a combination of statutory schedules and county-level court orders, and they vary by district and by the amount of the claim. A typical complaint within the $12,000 cap runs roughly $80 to $150 for filing, with additional charges for service by mail, constable, or sheriff. The UJS minor courts directory and the local court office publish the current schedule for a specific district.

246 Pa. Code Rule 206(A) requires costs for filing and service to be paid at the time of filing unless the plaintiff is proceeding in forma pauperis (IFP). The rule authorizes a fee waiver for any party “without financial resources to pay the costs of litigation.”

The IFP petition uses the form built into Rule 206(E)(6); there is no separate AOPC number. The petition asks for the plaintiff’s employment status, monthly income, household contributions, property owned, debts, and dependents, all verified under 18 Pa.C.S. § 4904. The complaint is accepted without payment in the first instance, and Rule 206(E)(2) requires the magisterial district judge to act on the petition within five days. A plaintiff represented by an attorney providing free legal services can proceed IFP on a simpler praecipe certified by the attorney.

After the clerk accepts the complaint

When the complaint is filed, the magisterial district judge sets a hearing date under 246 Pa. Code Rule 305: not less than 12 nor more than 60 calendar days from filing. The 12-to-60-day count runs in calendar days from the date the complaint is stamped by the court; the rule itself does not exclude weekends or holidays. The clerk inserts the hearing date, time, and address on the complaint form and returns a stamped copy to the plaintiff.

The defendant’s copy carries the “Notice to Defendant” required by Rule 305(d). The notice explains that a civil suit has been filed; that the defendant may file a Notice of Intent to Defend; that the defendant can file a cross-complaint within the court’s jurisdiction at least five days before the hearing; and that failing to appear can result in a money judgment for the plaintiff.

Service on the defendant is handled separately under Rule 307 and related rules. The court arranges service by mail by default; the plaintiff can request service by a sheriff or constable for an additional fee. Rule 305’s comment notes that the 60-day outer limit on the hearing date is set to allow time for service under Rule 307, which requires service at least 10 days before the hearing.

If the defendant has been properly served and does not appear, the magisterial district judge can enter a default judgment for the plaintiff after the plaintiff makes a brief showing of the claim and damages. A default judgment carries the same weight as a contested judgment for purposes of appeal and collection. The defendant’s remedy is to take a de novo appeal within 30 days of the date of judgment entry under 246 Pa. Code Rule 1002, in calendar days from entry on the docket. After 30 days, the defendant must ask the Court of Common Pleas to open the default judgment based on excusable neglect and a meritorious defense.

Filing in Philadelphia Municipal Court Civil Division

Philadelphia is the structural carveout. Magisterial district courts do not operate inside the city; the Philadelphia Municipal Court Civil Division handles civil claims up to $12,000 instead. The court’s civil division uses its own complaint form, fee schedule, and electronic filing portal operated by the First Judicial District.

The substantive requirements (parties, amount, facts, verification under 18 Pa.C.S. § 4904) closely track the magisterial district court rules, but the local forms, fee schedule, and service mechanics differ. The Philadelphia Municipal Court Civil Division publishes its own filing instructions and forms. The 30-day window to appeal a judgment to the Court of Common Pleas applies after a Philadelphia Municipal Court judgment the same way it does elsewhere.