Small Claims Court in Montgomery County

In Montgomery County, PA small claims cases are filed in the Municipal Court. Montgomery County has one Municipal Court that handles 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 Montgomery Court System.

Small Claims Court

Montgomery County District Court have twenty-nine district courts spread across the county, each led by an elected Magisterial District Judge. These courts are the starting point in Pennsylvania's Unified Judicial System, handling preliminary arraignments, summary criminal offenses, traffic cases, municipal code violations, landlord/tenant disputes, and civil claims up to $12,000.

Cases Handled

The Small Claims Division handles cases where people or businesses seek financial compensation for various issues. These include:

• Disputes between tenants and landlords
• Claims for personal injuries
• Theft of property
• Damage to property
• Collecting unpaid debts
• Disagreements over auto repairs
• Issues with construction quality
• Problems with defective products
• Breaches of contract or verbal agreements

Who can File

Generally, only the person directly involved in the contract or who has been harmed can file a claim. However, you can appoint someone familiar with your case to do this on your behalf using the court’s Authorized Representative Form. Both you and the representative must complete and sign this form, which you can download from the court’s website. Filing a claim and serving papers incur fees, but if you’re unable to pay, you might be eligible for a waiver for the initial filing fee by demonstrating your financial situation.

Before going to Court

Before heading to court, make sure you have the full name and address of the person or business you want to sue. The court won’t accept post office boxes. If you’re suing a business, verify its exact name—whether it’s a corporation, partnership, or another type of entity. You can find this information through Pennsylvania’s Corporation Bureau at https://www.corporations.pa.gov or by calling 717-787-1057.

If you're filing a breach of contract claim, bring:

• Documents outlining the agreement with the other party.
• Correspondence between you and the other party.
• Evidence like photographs, diagrams, invoices, estimates, contracts, and canceled checks that show your damages or support your case.

If you're filing a negligence claim, bring:

• Correspondence with the other party.
• Evidence such as photographs, diagrams, medical records, invoices, estimates, contracts, and canceled checks to support your case.

If you plan to use any documents at trial that weren’t part of your original filing, you must send them to the party you sued or their attorney at least 10 days before the trial. These documents might include:

• Medical bills, hospital records, or reports from healthcare providers like doctors, dentists, or physical therapists.
• Bills for medications, medical equipment, or prostheses.
• Affidavits from repair professionals detailing repair costs or the value of damaged property, and affidavits from treating physicians outlining professional service fees (preprinted affidavits can be obtained from the court).
• Estimates of property value and repair costs.
• A report from your employer on lost earnings or compensation.
• Official reports on weather, traffic signals, or life expectancy tables.
• Documents created in the regular course of business.

Subpoena

If you need documents to support your case and the other party isn’t providing them, you can use a subpoena to force them to produce these documents. Here’s how to complete and use a subpoena form:

1. Request Documents First: Try asking the other party directly before resorting to a subpoena.
2. Complete the Subpoena Form:
   • Include Your Claim Number: Enter your case number.
   • Fill in the Case Caption: Provide details such as your claim number, and the names and addresses of both parties, including your own.
   • Specify the Documents: Clearly describe the documents you need.
   • Name the Recipient: Identify who you are requesting the documents from.
3. Submit the Form:
   • Get a Court Seal: Bring the completed form to the court to get it stamped.
   • Pay the Fee: A $3.30 fee is required, payable by cash, credit, or debit card.

Note: If the other party does not comply, they may face legal consequences such as arrest or fines.

Filing a Case

When you file a lawsuit, you are the plaintiff, and the person or entity you are suing is the defendant. Here’s what you need to do:

Confirm Details:

• Name and Address: Make sure you have the correct name and address of the defendant. Avoid using titles like Mr. or Ms.
• No P.O. Boxes: The address must not be a post office box.
• For Organizations: If the defendant is a corporation or organization, ensure you use their exact legal name.

Submitting in Person:

1. Visit the First Filing Unit: Go to 2 E. Airy Street, 2nd Floor Norristown, PA 19404
2. Authorized Representative: If you can’t go yourself due to being out of state or other reasons, have someone else file for you using the Authorized Representative Form. Lawyers who are members of the bar do not need this form.
3. Complete Your Paperwork: Get help from the interviewers at the office, but remember they can’t give legal advice.
4. Pay the Fee: Use a Money Order, Business Check, or Attorney Check (no personal checks). If you can’t afford the fee, apply for a fee waiver by submitting a Petition to Proceed In Forma Pauperis Form.

Submitting by Mail:

1. Prepare Your Documents:
   • Download and complete the Statement of Claim Form and Instructions Packet. Type the form and provide clear details, including relevant dates.
   • Complete an Affidavit of Non-Military Form for each person you are suing (not needed for businesses or organizations).
2. Sign and Verify:
   • Sign the forms. If representing a business, you must be an executive officer and provide proof of your role (e.g., articles of incorporation).
   • If using a representative, fill out the Authorized Representative Form. Lawyers who are bar members do not need this form.
3. Include Required Documents:
   • Attach copies of all necessary documents for your case.
4. Pay the Fee:
   • Include the processing fee with your mailing. Make your check payable to The Office of Judicial Records. If you can’t afford the fee, submit a Petition to Proceed In Forma Pauperis Form along with proof of financial need.
5. Add a Self-Addressed Stamped Envelope:
   • This envelope will be used to send you hearing information.
6. Confirm:
   • Call (610) 278-3224 to confirm that your documents and fees are correct.

Once processed, you will receive a packet with case files, forms, affidavits, and instructions for creating a Case Participant Account to access your case details online.

Cost

One Defendant in Montgomery:

• For 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
• For 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 extra name (except husband and wife)
  • $27.00 for each additional Philadelphia Service

One Defendant out of Montgomery or using Private Service:

• For 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

• For 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 extra name (except husband and wife)
  • $45.00 for each service within Pennsylvania but outside Montgomery

Defendant

Understanding Why You Are Being Sued

To understand the lawsuit against you, carefully read the Statement of Claim. This document outlines why you are being sued, the amount claimed, and the reasons behind the lawsuit. At the bottom left of the Statement of Claim, you’ll find details about your hearing’s time, date, and location.

If you need to reschedule, request a continuance in writing and notify the other party.

Responding to the Case

1. Agree and Settle:
   • If you agree with the claim, contact the plaintiff or their lawyer before the hearing to arrange payment.
2. Dispute the Claim:
   • Negotiate or Mediate: You can negotiate a lower amount or use mediation to reach a compromise. Contact Good Shepherd or the court’s Dispute Resolution Unit for assistance.
   • Defend in Court: Attend the court hearing to present your side of the case. Bring evidence such as contracts and receipts to demonstrate why you shouldn’t owe the money.
   • File a Counterclaim: If you believe the other party owes you money, you can file a counterclaim as part of your response.
   • Challenge Service of Process: If you were not properly notified about the lawsuit, inform the court either in person or by writing a letter.
   • Ignoring the Lawsuit: Ignoring the lawsuit can result in a Default Judgment against you, leading to a court order for payment and potential claims on your property. If the evidence is insufficient, a new hearing may be scheduled.

Check to See if You Received a Notice to Defend

1. Complete the Form:
   • If you received a Notice to Defend and want to contest the lawsuit, fill out the form to dispute the claim or contest that you owe the money.
2. Make Copies:
   • Keep a copy of the completed Notice to Defend for your records.
3. Send the Form:
   • Mail the Notice to Defend to the plaintiff or their representative at least 5 days before the hearing using the addressed envelope provided. If no envelope was included, you can still challenge the lawsuit but might need to attend court more than once.
4. Bring a Copy:
   • Take a copy of the Notice to Defend with you to the hearing.
5. Indicate Your Intentions:
   • By filing the Notice to Defend, you are:
     • Informing the court of your intention to challenge the case.
     • Requesting a judge to decide the case at the hearing.
     • Expecting the plaintiff to present their case at the first court visit, which can avoid multiple court trips.

If Your Organization Is Being Sued for Money

If a business, corporation, or partnership you represent is being sued, you must be an executive officer (President, Vice President, Secretary, or Treasurer) to handle the case. Bring proof of your authority, such as articles of incorporation showing your position. Alternatively, you can complete and bring an Authorized Representative Form to the court.

Hearing

To Participate in a Zoom Hearing:

1. Submit Documents:
   • Include your case docket number and name in the subject line. Scanned photos already in the CLAIMS system don’t need to be resent.
   • Send a copy of the documents to the other party. If you don’t have their email, mail them using prepaid postage.
2. Complete Forms:
   • Submit the Certificate of Compliance and/or Confidential Document Form provided by the court. If you can’t use the provided form, create one with the necessary certification text and your signature.
3. Join the Hearing:
   • Join the Zoom meeting at least 5 minutes early. The court will send you the Zoom link and details.
   • Provide your phone number and those of your lawyer and any witnesses. Everyone must be reachable by phone.
4. Hearing Recording:
   • You can’t record the hearing but may take informal notes. The court will record the session and might provide a transcript.
5. Additional Information:
   • Check the ADA Policy and Accommodation Form for disability accommodations.

To Participate in a Phone Hearing:

1. Submit Documents:
   • Use your case’s docket number and your name in the subject line. Scanned photos already in the CLAIMS system don’t need to be resent.
   • Email the documents to the other party. If you don’t have their email, mail copies with prepaid postage.
2. Provide Phone Numbers:
   • Email the court your phone number and those of your lawyer and any witnesses before the hearing. Everyone must be reachable by phone.
3. Hearing Recording:
   • You cannot record the hearing but may take informal notes. The court will record the hearing and may provide a transcript.
4. Additional Information: Review the ADA Policy and Accmmodation Form for disability accommodations.

Going to Court

Court Guidelines:

1. Arrive Early:
   • Check your court notice for your arrival time and plan to arrive with extra time. Allow time for navigating elevators, security, and handwashing. Aim to get there at least 15 minutes early, and expect to spend one to three hours at court.
2. Be On Time:
   • Arriving late may lead to a Default Judgment against you.
3. Prepare Your Documents:
   • Print all documents or photos you plan to use. Bring at least 3 copies: one for yourself, one for the court, and one for the other party. Court staff prefer printed documents, and some judges may not review documents from a phone.
4. Consider Childcare:
   • Children are allowed in the courtroom, but try to arrange childcare if possible to avoid bringing them.

Mediation

You have the option to seek an agreement through the court’s mediation program. Mediators help facilitate discussions to reach binding agreements but do not represent either side.

Key points to remember:

• Written Agreement: Any agreement reached must be in writing and signed by all parties involved.
• Binding Nature: Once signed, the agreement is binding and cannot be appealed.
• Understand Before Signing: Make sure you fully understand the terms of the agreement before you sign it.

Trial

Getting Ready for Your Hearing

1. Know the Details:
   • Confirm the time, date, and location of your hearing.
   • Check the Statement of Claim or the court’s case list for specific details.
2. Avoid Default Judgment:
   • Attend your hearing as failing to show up could result in a Default Judgment against you.
3. Arrive Early:
   • Plan to arrive early to go through security and locate the correct courtroom. Be prepared for a wait, as hearings can last from one to three hours.
4. Prepare Your Documents:
   • Bring all relevant documents such as letters, checks, bills, contracts, photos, and receipts.
   • Ensure that these documents are printed and well-organized.
5. Coordinate with Witnesses:
   • Talk to any witnesses who will support your case and make sure they are ready to attend the hearing.
6. Submit Additional Documents:
   • If you have new documents not included in the original filing, send them to both the other party and the court at least 10 days before your hearing.
7. Familiarize Yourself with Court Procedures:
   • Watch a short video on legal language to better understand court terms and procedures.

Hearing Process

1. Try to Reach an Agreement:
   • Pre-Hearing Settlement: Before the hearing, both parties can attempt to settle the case through the court’s mediation program. Court mediators are neutral facilitators who help both sides reach a mutually agreeable solution.
   • Written Agreements: Any agreement reached must be in writing and signed by both parties. Make sure you fully understand the agreement before signing, as it is binding and final.
2. Hearing with a Judge:
   • If No Agreement: If you cannot reach an agreement through mediation, the case will proceed to a hearing with a judge. You might need to return to court on a different day if additional hearings are required.
   • Prepare Documents: Bring all supporting documents and extra copies for the other party.
3. During the Hearing:
   • Be Polite: Maintain decorum in the courtroom. Address the judge directly, not the other party.
   • No Interruptions: Do not interrupt the judge or the other party. You will have a chance to present your side of the case when it's your turn.
   • Decision: After hearing all the evidence, the court may make a decision immediately or send a letter with the decision later. They will also provide information on your next steps and available options.

Rescheduling Your Hearing

Request a Continuance

1. If You Need to Delay Your Hearing:
   • Request a Continuance: Submit your request in writing at least 10 days before your scheduled hearing date.
2. Write the Letter:
   • Content: Clearly explain why you need to reschedule. Include your case number if possible and provide your phone number.
3. Notify the Other Side:
   • Send a Copy: Provide a copy of your request to the opposing party.
4. If Less Than 10 Days:
   • Attend the Hearing: If your request is made less than 10 days before the hearing, you must attend the hearing in person. At that time, you can request a continuance and inform the other party of your intent to reschedule.

Appeal

Submitting an Appeal

1. Initiate the Appeal:
   • If you disagree with the court’s decision, you can file an appeal. This restarts your case in the Court of Common Pleas and halts any collection efforts by the other party until the appeal is resolved.
   • Deadline: You have 30 days from the date of the hearing to file your appeal.
2. Fill Out and Submit Forms:
   • Complete the Form: Fill out a Notice of Appeal Form.
   • Submit: File the form with the Court of Common Pleas at The Prothonotary’s Office.
   • After Submission: You will receive a Case Management Order outlining the appeal process, including dates for a mandatory settlement conference and trial.
3. Notify the Other Party:
   • Inform the Other Side: Notify the other party of the appeal within 20 days.
   • Delivery: Use first-class mail with prepaid postage. If the other party does not have a lawyer, deliver the Notice personally. If they do have a lawyer, deliver the Notice to their lawyer.
   • Service of Process: Ensure proper service according to the rules. For guidance, consider watching a video on serving legal documents.

Default Judgment

Challenging a Default Judgment

1. Act Quickly:
   • Timing: Respond as soon as you become aware of the Default Judgment.
2. Prepare Your Petition:
   • Complete the Form: Fill out the Petition to Open Default Judgment Form. Clearly explain why you missed the hearing and provide your defenses or explanation related to the lawsuit.
3. Submit Your Petition:
   • Where to Submit: File your completed petition with the Second Filing Unit.

This petition will request a new hearing date and give you the opportunity to present your case.

Getting Your Money

Collecting Money or Property After Winning Your Case

1. Submit the Praecipe for Writ of Execution:
   • Purpose: This document requests a Writ of Execution to compel the other party to pay or provide assets.
   • Where to Submit: File it with the Judgment and Petitions Unit.
2. Complete the Writ of Execution Packet:
   • Make Copies: Prepare 3 copies of the completed packet.
   • Submit to Court: The court will seal and process the packets.
3. Deliver to the Montgomery Sheriff’s Office:
   • Enclosures: Include a self-addressed business envelope with first-class postage and a letter-sized envelope with first-class postage for the other party.
4. Pay Fees:
   • Method: Pay the Sheriff’s Office fee with an attorney’s check, cashier’s check, certified check, or money order.

Courthouse Location:

Montgomery County Court

2 E. Airy Street, 2nd Floor
Norristown, PA 19404
(610) 278-3224
https://www.montgomerycountypa.gov/285/County-Courts

BUILDING HOURS

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

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