Small Claims Court in Philadelphia County

In Philadelphia County, PA small claims cases are filed in the Municipal Court. Philadelphia County has 1 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 Philadelphia Court System.

Small Claims Court

The Philadelphia Municipal Court handles cases where people seek up to $12,000 in damages, not including interest or costs. It can't hear cases involving Commonwealth entities like SEPTA, and it can't order actions such as returning property or making repairs. The court typically deals with two main types of cases:

• Negligence actions: When someone fails to use reasonable care, leading to harm or damage. For example, if a driver runs a red light and causes an accident, the injured parties might file a negligence claim for personal injuries and property damage.
• Contract actions: Disputes involving agreements between parties, whether written or verbal. This includes issues like home repair agreements, insurance contracts, vendor-purchaser agreements, loans, and credit card terms. A breach of contract happens when one party fails to fulfill their promises.

You can check case histories and documents on the court’s website at www.fjdclaims.phila.gov.

Cases Handled

The Small Claims Division deals with cases where individuals, partnerships, corporations, or sole proprietors seek monetary compensation for various issues, including:

• Tenant-landlord disputes
• Personal injury claims
• Property theft
• Property damage
• Debt collection
• Auto repair disputes
• Construction quality issues
• Defective products
• Contract breaches or verbal agreements

Who can File

Typically, only the person directly involved in the contract or who has suffered harm can file a claim, but you can appoint someone knowledgeable about your case to do it for you using the court’s Authorized Representative Form. This form must be filled out and signed by both you and the person you’re authorizing, and it’s available for download on the court’s website.

There are fees for filing your claim and for serving papers on the other party. If you can’t afford these fees, you may be able to request a waiver for the initial filing fee by proving your financial situation.

Before going to Court

Before going to court, make sure you have the 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, confirm its exact name—whether it’s a corporation, partnership, or another type of entity. You can get help finding this information from Pennsylvania’s Corporation Bureau at https://www.corporations.pa.gov or by calling 717-787-1057.

For businesses operating in Philadelphia, you might also check if they have a Philadelphia business license by contacting the Department of Licenses and Inspections’ License Issuance Unit at the Municipal Services Building, 1401 JFK Boulevard, or by calling 311.

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 showing your damages or supporting 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 showing your damages or supporting your case. If you plan to use documents at trial that weren't included in 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 health care 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 compel them to produce these documents. Here’s how to fill out and use a subpoena form:

1. Request Documents First: Before using a subpoena, try asking the other party directly for the documents you need.
2. Complete the Subpoena Form:
   • Include Your Claim Number: Enter the number assigned to your case.
   • Fill in the Case Caption: Provide details including your claim number, the names and addresses of both parties, and your own name and address.
   • Specify the Documents: Clearly describe the documents you are requesting.
   • Name the Recipient: Identify the person or entity from whom you are requesting the documents.
3. Submit the Form:
   • Get a Court Seal: Take the completed subpoena form to the First Filing Unit at 1339 Chestnut Street, 10th floor, Philadelphia, PA 19107, to get it stamped with the court seal.
   • Pay the Fee: There is a $3.30 fee for the subpoena, which you can pay with cash, credit, or debit card.
4. Contact for Help: If you have questions, contact the First Filing Unit at 215-686-2901.

Note: If the other party fails to comply with the subpoena, they may face legal consequences, including 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 ensure:

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

Accurate information is crucial for the court to properly address the case.

Submitt your Case

Submitting in Person Summary

• To submit your paperwork in person, go to the First Filing Unit on the 10th floor of 1339 Chestnut Street, Room 1000. If you can't go yourself due to being out of state or elderly, have someone else represent you by filling out the Authorized Representative Form. Lawyers who are bar members don’t need this form.

• Complete your paperwork with help from the interviewers at the office, though they can't give legal advice. Pay the processing fee using a Money Order, Business Check, or Attorney Check (no personal checks). If you can't afford the fee, you can apply for a fee waiver by submitting a Petition to Proceed In Forma Pauperis Form.

Submitting by Mail Summary

1. Prepare Your Documents: Download, print, and fill out the Statement of Claim Form and Instructions Packet. Ensure you type the form and provide clear details about your case, including relevant dates. Also, complete an Affidavit of Non-Military Form for each individual 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 don’t need this form.
3. Include All Required Documents: Attach copies of all necessary documents for your case.
4. Pay the Fee: Include the processing fee with your mailing. This fee covers case processing and service of process. Make your check payable to The Office of Judicial Records. If you cannot afford the fee, submit a Petition to Proceed In Forma Pauperis Form and bring proof of financial need to court.
5. Add a Self-Addressed Stamped Envelope: This will be used to send you hearing information.
6. Confirm and Mail: Call 215-686-7988 to ensure your documents and fees are correct. Mail your complete packet to the First Filing Department at 1339 Chestnut Street, Philadelphia, PA 19107.

After processing, 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 Philadelphia

For Claims Ranging from $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 Ranging from $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

$5.50 for each additional name except husband and wife. $27.00 for each additional Philadelphia Service

One Defendant out of Philadelphia or using private service

For Claims Ranging from $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 Ranging from $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

$5.50 for each additional name except husband and wife. $45.00 for each service within Pennsylvania but outside of Philadelphia

Defendant

Understanding Why You Are Being Sued

Read the Statement of Claim to see why someone or a business is suing you, including the amount they claim you owe and the reasons for the lawsuit. As the defendant, you'll find your hearing's time, date, and location on the bottom left of the Statement of Claim. The hearing will be on the 6th floor of 1339 Chestnut Street, Philadelphia, PA 19107. Be on time; missing or being late to the hearing can result in losing the case.

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

Responding to the Case Summary

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 help.
   • Defend in Court: Go to court to present your case. Bring evidence, such as contracts and receipts, to prove 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 to the case.
   • Challenge Service of Process: If you weren't properly notified about the lawsuit, inform the court either in person or by writing a letter.
3. Ignore the Lawsuit: Ignoring the lawsuit results in a Default Judgment against you, which can lead 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 Were Given a Notice to Defend

1. Complete the Form: If you received a Notice to Defend and want to challenge the lawsuit, fill out the form to dispute some or all of the claim or to contest that you owe the money.
2. Make Copies: Make 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. Use the provided addressed envelope. If no envelope was included, you can still challenge the lawsuit but may 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 that you wish 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, avoiding multiple court trips.
6. Room Transfer: If your case is scheduled in Room 5, ask court staff to transfer it to Room 2 or 6, as Room 5 does not have a judge.

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 to represent the organization, such as articles of incorporation that show 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:
   • Email all relevant documents as .PDF attachments to mcclaims@courts.phila.gov with 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 unable to use the provided form, create one with the required 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 can take informal notes. The court will record the session and may 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:
   • Email all documents, including photos, to mcclaims@courts.phila.gov as .PDF attachments. Use your case’s docket number and your name in the subject line.
   • If scanned photos are already in the CLAIMS system, you don’t need to resend them.
   • 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 you may take informal notes. The court will record the hearing and may provide a transcript.
4. Additional Information:
   • Review the ADA Policy and Accommodation Form for disability accommodations.

Going to Court

Coming to Court Guidelines:

• Arrive Early: Check your court notice for your arrival time and plan to get to court with extra time. You’ll need to navigate elevators, security, and handwashing before reaching your courtroom. Aim to arrive at least 15 minutes early and expect to be at court for one to three hours.
• Be On Time: Arriving late may result in a Default Judgment against you.
• 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 over those viewed on a phone, and some judges may not review documents from your phone.
• Consider Childcare: While children are allowed in the courtroom, try to arrange childcare to avoid bringing them if possible.

Trial

Getting Ready for Your Hearing

1. Know the Details:
   • Confirm the time, date, and location of your hearing. For Landlord-Tenant cases, it will be on the 6th Floor of 1339 Chestnut Street, also known as the Widener Building, southeast of City Hall.
   • Check the Statement of Claim or our case list for specifics.
2. Avoid Default Judgment:
   • Attend your hearing; failing to show up may result in a Default Judgment against you.
3. Arrive Early:
   • Plan to arrive early to navigate security and find the correct courtroom. Be prepared for a wait, as hearings can last from one to three hours.
4. Prepare Your Documents:
   • If your hearing is in Courtrooms 2, 3, 4, or 6, bring relevant documents like letters, checks, bills, contracts, photos, and receipts.
   • Make sure to have these documents printed and organized.
5. Coordinate with Witnesses:
   • Discuss your case with any witnesses who will support you in court and ensure they are prepared to attend.
6. Submit Additional Documents:
   • If you have new documents not included in the original case filing, send them to both the other party and the court at least 10 days before your hearing.
   • Email these documents as a single PDF to danielle.jackson@courts.phila.gov, jacquel.randall@courts.phila.gov, and kimberly.price@courts.phila.gov.
7. Familiarize Yourself with Court Procedures:
   • Watch a short video on legal language to understand court terms and procedures better.

Hearing Process

1. Try to Reach an Agreement:
   • Pre-Hearing Settlement: Both sides can settle before the hearing using the court’s mediation program. Court mediators are neutral and help both parties reach an agreement.
   • Written Agreements: Any agreement must be written and signed by both sides. Ensure you fully understand the agreement before signing, as it is binding.
2. Hearing with a Judge:
   • If No Agreement: If an agreement isn’t reached, the case will proceed to a hearing with a judge. You may need to return to court on a different day.
   • Prepare Documents: Bring all supporting documents and copies for the other side.
3. During the Hearing:
   • Be Polite: Maintain decorum; speak directly to the judge, not the other party.
   • No Interruptions: Do not interrupt the judge or the other side. You will have an opportunity to present your case.
   • Decision: The court will either make a decision immediately or send a letter with the decision later. They will also provide information on your options.

Rescheduling Your Hearing

1. Request a Continuance:
   • If you need to delay your hearing, request a continuance in writing at least 10 days before the scheduled date.
2. Write the Letter:
   • Content: Explain why you need to reschedule, include your case number if possible, and provide your phone number.
   • Send the Letter:
     • Mail: Address it to John J. Joyce, Deputy Court Administrator, 1339 Chestnut Street, Room 1020, Philadelphia, PA 19107.
     • Email: Send it to mcclaims@courts.phila.gov.
     • Fax: Send it to 215-569-9254.
   • Notify the Other Side: Send a copy of the letter to the opposing party.
3. If Less Than 10 Days:
   • If you request the continuance less than 10 days before the hearing, you must attend the hearing in person. At the hearing, you can request to reschedule and inform the other side of your intent to seek a continuance.

Appeal

Submitting an Appeal

1. Initiate the Appeal:
   • If you disagree with the court’s decision, you can file an appeal. This process restarts your case in the Court of Common Pleas and prevents the other party from collecting any money until the appeal is resolved.
   • You have 30 days after the hearing to file an appeal.
2. Fill Out and Submit Forms:
   • Complete a Notice of Appeal Form.
   • Submit the form to the Court of Common Pleas at The Prothonotary’s Office, Room 296, City Hall, 1400 John F. Kennedy Blvd, Philadelphia, PA 19107.
   • After submission, you will receive a Case Management Order detailing the appeal process, including dates for a mandatory settlement conference and trial.
3. Notify the Other Party:
   • Inform the other side about the appeal within 20 days.
   • Use first-class mail with prepaid postage. The Notice must be delivered personally if the other party does not have a lawyer. If they have a lawyer, the Notice should be delivered to the lawyer.
   • Ensure proper Service of Process according to the rules. For guidance, you can watch a video on serving legal documents.

Default Judgment

If you missed your hearing and received a Default Judgment, you can challenge it if you have a valid reason for your absence. Here’s how to respond:

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 include your defenses or explanation if you are being sued.
3. Submit Your Petition:
   • Where to Submit: File your completed form with the Second Filing Unit.
   • Address: 1339 Chestnut Street, 10th Floor, Philadelphia, PA 19107. This petition will allow you to request a new hearing date and present your case.

Getting Your Money

If you win your case and the court orders the other party to pay you, you will need to follow these steps to collect the money or property:

1. Submit the Praecipe for Writ of Execution:
   • Purpose: This document requests a Writ of Execution, which compels the other party to pay you or provide assets.
   • Where to Submit: File it with the Judgment and Petitions Unit at:
     • 1339 Chestnut Street, 10th Floor, Philadelphia, PA 19107 Questions: Call 215-686-7987 for help.
2. Complete the Writ of Execution Packet:
   • Make Copies: Prepare 3 copies of the completed packet.
   • Submit to Court: The court will seal these packets and process your information.
3. Deliver to the Philadelphia Sheriff’s Office:
   • Location: 100 South Broad Street, 5th Floor, Philadelphia, PA 19110
   • Hours: 8:30 am - 4:00 pm
   • Enclosures:
     • Include a self-addressed business envelope with first-class postage (or one with your lawyer’s details).
     • Include 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 made out to the Philadelphia Sheriff’s Office.

Courthouse Location:

Philadelphia Municipal Court – Civil Division

1339 Chestnut Street, 10th Floor
Philadelphia, PA 19107
(215) 686-2910
https://www.courts.phila.gov/municipal/civil/small-claims-cases/

BUILDING HOURS

• Monday - Friday 9:00 a.m. to 5:00 p.m., except court holidays.

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