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Small Claims Guides

Small Claims Court in Delaware County

In Delaware County, PA small claims cases are filed in the Magisterial District Court. Delaware County has one Municipal Court and four Magisterial District courts that handle small claims, serving different jurisdictions.

Squabble is here to assist you in navigating the small claims court system and filing a claim with ease. We recognize that not everyone is a legal expert, and our goal is to simplify the process for you. This guide will answer your questions about filing claims in the Delaware Court System.

Small Claims Court

Delaware County is home to 30 Magisterial District Courts, each led by an elected Magisterial District Judge who serves a six-year term. These courts are conveniently located across the county and play a vital role as the first step in Pennsylvania's Unified Judicial System. They handle a variety of cases, including preliminary arraignments, summary criminal offenses, traffic violations, municipal code issues, landlord-tenant disputes, and civil claims of up to $12,000.

Cases Handled

The Small Claims Division deals with cases where individuals or businesses seek financial compensation for a range of issues, such as:

Tenant-landlord disputes
Personal injury claims
Stolen or damaged property
Unpaid debts
Disputes over auto repairs
Problems with construction or contractor work
Defective or faulty products
Broken contracts or verbal agreements

Who can File

In Pennsylvania, individuals seeking to file a claim in the Magisterial District Court must typically do so personally. However, if you are unable to attend, you can appoint someone to represent you by completing the court's Authorized Representative Form. Both you and your representative must sign this form, which is available for download on the court's website.

Filing a claim and serving papers involve fees. If you are unable to pay these fees, you may be eligible for a waiver of the initial filing fee by demonstrating your financial situation. The court provides a Petition to Proceed In Forma Pauperis form for this purpose.

For more information and to access the necessary forms, please visit the Delaware County Office of Judicial Support's website.

Before going to Court

Before going to court, it's essential to gather key information and organize your evidence. Here’s a checklist to help you prepare:

Identifying the Defendant

Full Name and Address: Ensure you have the full name and physical address (not a P.O. Box) of the person or business you’re suing.
For Businesses:
- Verify the exact legal name and structure (corporation, partnership, etc.) through Pennsylvania’s Corporation Bureau at www.corporations.pa.gov or by calling 717-787-1057.
- For businesses in Philadelphia, check if they have a local business license by contacting the Department of Licenses and Inspections at 1401 JFK Boulevard or calling 311.

Organizing Your Evidence

For Breach of Contract Claims:
- The agreement or contract between you and the other party.
- Communication records (emails, letters, or messages).
- Supporting evidence such as photographs, diagrams, invoices, estimates, contracts, or canceled checks showing your damages.
For Negligence Claims:
- Communication records with the other party.
- Evidence like photographs, diagrams, medical records, invoices, estimates, contracts, or canceled checks.

Submitting Evidence Before Trial

If you plan to present documents at trial that weren’t included in your initial filing, you must send copies to the other party (or their attorney) at least 10 days before the trial.

Examples of Evidence to Share

Medical Documents: Bills, hospital records, or reports from healthcare providers. Repair Costs: Affidavits or statements from repair professionals regarding the cost or value of repairs.
Employment Records: Reports from your employer about lost wages or compensation.
Official Reports: Weather conditions, traffic signals, or life expectancy tables.
Business Records: Documents created during regular business operations.

Subpoena

If you need documents from the other party to support your case but they won’t provide them, you can use a subpoena to compel them to produce the documents. Here’s how to do it:

Step 1: Try Requesting the Documents Directly

Before filing a subpoena, ask the other party to voluntarily provide the documents. This approach is faster and avoids additional steps.

Step 2: Complete the Subpoena Form

Claim Number: Include your case number in the appropriate section.
Case Caption: Fill in details like the names and addresses of both parties, including your own.
Describe the Documents: Clearly list the specific documents you need (e.g., invoices, contracts, medical records).
Recipient Information: Identify the person or business you’re asking to provide the documents.

Step 3: Submit the Subpoena Form

Get a Court Seal: Bring your completed form to the First Filing Unit. The court staff will stamp the form with the official seal.
Pay the Fee: A fee of $3.30 is required, which you can pay by cash, credit card, or debit card.

Step 4: Enforce the Subpoena

If the recipient fails to comply with the subpoena, they could face legal consequences, such as fines or even arrest.

Using a subpoena ensures you can gather the necessary evidence to support your case, especially when voluntary cooperation isn’t an option.

Filing a Case

When filing a lawsuit, you are the plaintiff, and the person or entity you’re suing is the defendant. Follow these steps:

Confirm Defendant Details

Verify the correct name and physical address (no P.O. boxes).
For businesses, use the exact legal name (check at www.corporations.pa.gov).

Filing In Person

Where: You should file your case in Magisterial District Court in one of the following locations:
- Where the defendant lives
- Where the business operates (if the defendant is a corporation or business)
- Where the dispute occurred
Authorized Representative: Someone familiar with your case can file on your behalf using an Authorized Representative Form. Lawyers do not need this form.
Fee: Pay with Money Order, Business Check, or Attorney Check (no personal checks). If unable to pay, submit a Petition to Proceed In Forma Pauperis Form for a fee waiver.

Filing By Mail

Complete the Statement of Claim Form, Affidavit of Non-Military Service, and attach relevant documents.
Sign the forms (business representatives must provide proof of their role).
Include the filing fee (check payable to The Office of Judicial Records) or a fee waiver request.
Add a self-addressed stamped envelope for hearing details.

Cost

For One Defendant in Delaware County:

Claims $0 to $2,000:
- Court Costs: $22.00
- State Tax: $28.25
- Automation Fee: $5.50
- Service Fee: $27.00
- ATJ Fee: $2.00
- ATJ Surcharge: $10.00
- Total: $94.75
Claims $2,000.01 to $12,000:
- Court Costs: $44.00
- State Tax: $28.25
- Automation Fee: $5.50
- Service Fee: $27.00
- ATJ Fee: $2.00
- ATJ Surcharge: $10.00
- Total: $116.75
Additional Fees:
- $5.50 for each additional name (except for husband and wife).
- $27.00 for each additional Philadelphia service.

For One Defendant Outside Delaware County or with Private Service:

Claims $0 to $2,000:
- Court Costs: $22.00
- State Tax: $28.25
- Automation Fee: $5.50
- ATJ Fee: $2.00
- ATJ Surcharge: $10.00
- Total: $67.75
Claims $2,000.01 to $12,000:
- Court Costs: $44.00
- State Tax: $28.25
- Automation Fee: $5.50
- ATJ Fee: $2.00
- ATJ Surcharge: $10.00
- Total: $89.75
Additional Fees:
- $5.50 for each additional name (except for husband and wife).
- $45.00 for each service within Pennsylvania but outside Delaware County.

Defendant

Why You’re Being Sued

Review the Statement of Claim for the reason, amount, and hearing details.
Be on time—missing the hearing can result in losing your case.
To reschedule, submit a written continuance request and notify the other party.

How to Respond

Agree: Contact the plaintiff to settle before the hearing.
Dispute:
- Negotiate or mediate through the court.
- Defend in court with evidence (e.g., contracts, receipts).
- File a counterclaim if they owe you money.
- Challenge improper notification by informing the court.

Notice to Defend

Complete the form, mail it to the plaintiff 5+ days before the hearing, and bring a copy to court.
Filing ensures the plaintiff presents their case at the first hearing.

Other Notes

Room Transfer: Request a move from Room 5 to Room 2 or 6 for judge oversight.
For Organizations: Only an executive officer (or authorized representative) can represent your business. Bring proof of authority (e.g., articles of incorporation).

Hearing

Participating in a Virtual Hearing

For Zoom Hearings
1. Submit Documents:
  - Email documents as .PDF attachments including your docket number and name in the subject line.
  - Send copies to the other party by email or prepaid mail if needed.
2. Complete Forms:
  - Submit the Certificate of Compliance or Confidential Document Form provided by the court. If unavailable, create one with certification text and your signature.
3. Join the Hearing:
  - Log in 5 minutes early using the Zoom link sent by the court.
  - Share phone numbers for yourself, your lawyer, and witnesses in advance.
4. Hearing Recording:
  - Recording is not allowed, but you may take notes. The court will record the hearing and may provide a transcript.
5. Additional Help:
  - Review the ADA Policy for accommodations.
For Phone Hearings
1. Submit Documents:
  - Email documents (including photos) as .PDF attachments with your docket number and name in the subject line.
  - Send copies to the other party by email or prepaid mail if needed.
2. Provide Phone Numbers:
  - Email phone numbers for yourself, your lawyer, and witnesses to the court before the hearing.
3. Hearing Recording:
  - Recording is not allowed, but you may take notes. The court will record the hearing and may provide a transcript.
4. Additional Help:
  - Review the ADA Policy for accommodations.

Going to Court

Court Guidelines

Arrive Early
- Check your court notice for the arrival time and plan to be there at least 15 minutes early.
- Allow extra time for security checks, elevators, and other delays.
- Be prepared to spend 1–3 hours at court.
Be On Time
- Lateness can result in a Default Judgment against you.
Prepare Your Documents
- Bring printed copies of all documents or photos you plan to use.
- Have 3 copies: one for yourself, one for the court, and one for the other party.
- Judges prefer printed materials; documents on phones may not be accepted.
Childcare
- While children are allowed, try to arrange childcare to minimize distractions.

Mediation

Mediation Option

You can use the court’s mediation program to reach an agreement with the other party. Mediators guide discussions but remain neutral and do not represent either side.

Key Points
- Written Agreement: Any agreement must be written and signed by all parties.
- Binding and Final: Once signed, the agreement is legally binding and cannot be appealed.
- Review Before Signing: Ensure you fully understand the terms before signing.

Trial

Getting Ready for Your Hearing

Know the Details
- Confirm the time, date, and location of your hearing.
- Check the Statement of Claim or court’s case list for specifics.
Avoid Default Judgment
- Attend your hearing—missing it could result in a Default Judgment against you.
Arrive Early
- Arrive early to go through security and find your courtroom.
- Plan for hearings to last 1–3 hours.
Prepare Your Documents
- For hearings bring:
  - Letters, checks, bills, contracts, photos, and receipts.
  - Ensure documents are printed, well-organized, and complete.
- For new documents not in your original filing:
  - Send to both the court and the other party at least 10 days before the hearing.
Coordinate with Witnesses
- Ensure any witnesses are ready to attend and support your case.

Hearing Process

Try to Reach an Agreement
- Pre-Hearing Settlement: Attempt to resolve the case through the court’s mediation program.
- Written Agreements: Agreements must be signed, written, and are binding and final. Fully understand the terms before signing.
Hearing with a Judge
- If mediation fails, the case will go to a judge. Additional hearings may be required.
- Bring all relevant documents and extra copies.
During the Hearing
- Be Polite: Address the judge respectfully. Avoid speaking to the other party directly.
- No Interruptions: Wait for your turn to speak.
- Decision: The judge may issue a decision immediately or mail it later with further instructions.

Rescheduling Your Hearing

Requesting a Continuance

Steps to Delay Your Hearing:
1. Submit a Written Request:
- File your request at least 10 days before the scheduled hearing.
- Include:
  - A clear explanation for the delay.
  - Your case number.
  - Your phone number.
1. Send Your Request to the Court
2. Notify the Opposing Party:
  - Send a copy of your request to the other party.
If You Miss the 10-Day Deadline:
- Attend Your Hearing:
  - Explain your situation in person at the hearing.
  - Request a continuance and notify the other party of your intent to reschedule.

Appeal

Submitting an Appeal

Steps to File an Appeal:
1. Initiate the Appeal:
  - File within 30 days of the hearing date.
  - This restarts your case in the Court of Common Pleas and pauses collection efforts by the other party.
2. Fill Out and Submit Forms:
  - Complete the Notice of Appeal Form.
  - After filing, you’ll receive a Case Management Order with important dates, including a settlement conference and trial.
3. Notify the Other Party:
  - Inform the other side of your appeal within 20 days of filing.
  - Send via first-class mail or deliver in person.
4. Service of Process:
  - Follow court rules to ensure proper service.
  - Consider watching an instructional video for guidance.

Default Judgment

Challenging a Default Judgment

Steps to Challenge a Default Judgment:
1. Act Quickly:
  - Respond immediately upon learning about the Default Judgment.
2. Prepare Your Petition:
  - Fill out the Petition to Open Default Judgment Form.
  - Include:
    - The reason you missed the hearing.
    - Your defenses or explanation regarding the lawsuit.
3. Submit Your Petition:
  - File the petition
  - The petition requests a new hearing date to present your case.

Getting Your Money

Collecting Money or Property After Winning Your Case

Submit the Praecipe for Writ of Execution:
- Purpose: Requests a Writ of Execution to collect money or assets.
Complete the Writ of Execution Packet:
- Prepare 3 copies of the completed packet for submission.
- The court will seal and process your packet.
Deliver to the Delaware Sheriff’s Office:
- Include:
  - A self-addressed business envelope with first-class postage (or with your lawyer’s details).
  - A letter-sized envelope with first-class postage for the other party.
Pay Fees: - Payment Method: Pay the Sheriff’s Office fee via attorney’s check, cashier’s check, certified check, or money order.

Let Squabble Help You With Your Small Claim at Delaware County

Don't allow the intricacies of the legal system to discourage you from pursuing justice and compensation for your claim. With Squabble, you have a dedicated partner to streamline the process and guide you toward resolution. Whether you're contemplating filing a claim at Delaware County small claims court, Squabble is here to support you at every stage. Reach out to us today to commence your journey toward justice and compensation. Get started today and become one of the 95% of our customers who won or settled their case.

Courthouse Location:

1. Delaware County Court

Delaware County Court of Common Pleas
Media, PA 19063
(610) 891-4161
https://delcopa.gov/courts/districtjudges/index.html

BUILDING HOURS

Monday - Friday 8:30 a.m. to 4:30 p.m., except court holidays.

2. Magisterial District Courts (Small Claims Division)

A. Magisterial District Court 32-1-05 (Upper Darby)

1000 S. State Road, Suite 3
Upper Darby, PA 19082
(610) 713-2400
https://delcopa.gov/courts/districtjudges/index.html

BUILDING HOURS

Monday - Friday 8:30 a.m. to 4:30 p.m., except court holidays.

B. Magisterial District Court 32-2-04 (Media)

201 W. Front Street\ Media, PA 19063
(610) 891-4263
https://delcopa.gov/courts/districtjudges/index.html

BUILDING HOURS

Monday - Friday 8:30 a.m. to 4:30 p.m., except court holidays.

C. Magisterial District Court 32-3-03 (Chester)

521-523 E. 7th Street
Chester, PA 19013
(610) 497-6542
https://delcopa.gov/courts/districtjudges/index.html

BUILDING HOURS

Monday - Friday 8:30 a.m. to 4:30 p.m., except court holidays.

D. Magisterial District Court 32-3-04 (Aston)

5210 Pennell Road, Suite 200
Aston, PA 19014
(610) 485-5181
https://delcopa.gov/courts/districtjudges/index.html

BUILDING HOURS

Monday - Friday 8:30 a.m. to 4:30 p.m., except court holidays.