Small claims courts are courts of limited jurisdiction that are designed to hear civil cases between private litigants.  Their purpose is to prevent clogging up the formal court system with relatively petty matters through a less formal forum.  Small claims courts also limit the judgments awarded.  This limit is generally set at $5,000 – though it may vary from jurisdiction to jurisdiction.

The rules of civil procedure and evidence are typically simplified in small claims proceedings to allow non-lawyers to litigate their matters without the help of a costly attorney.  Formal and costly procedures, such as depositions, are not allowed in small claims, and generally speaking, neither is a trial by jury.

Filing Small Claims in Philadelphia County

Any individual over 18 years of age can file in Philadelphia County Small Claims Court for damages of up to $10,000.  You may bring an action in Philadelphia County if the defendant resides there, the cause of action occurred there, or any property pertaining to the action is located there. 

In order to file the case, you will first need to file the appropriate forms at the courthouse located at 34 S. 11th Street.  You will need the full name and address of the party you are filing against, a copy of any bills, receipts or paperwork associated with the claim, and the filing fee.  Once you file with the clerk, you will be given a hearing date and time.  If you fail to make this hearing without being granted a continuance, then a default judgment will be entered against you and you will have to re-file your case.

The applicable filing fee depends on both the amount of the claim and the location of the defendant's residence.  For a defendant residing in Philadelphia, the fee is $64.50 for a claim up to $2,000.  For any amount over $2,000, up to $10,000, the fee is $86.50.  It is slightly less expensive to file if the defendant resides outside of Philadelphia - $37.50 for claims up to $2,000 and $59.50 for claims from $2,001 up to $10,000.

After you file, the next step is to serve the defendant.  You must know the full name of the individual you want to sue and an address at which they can be served.  In the case of filing a claim against a business, the process depends on if it is incorporated or not.  If it is incorporated, you have to include the name under which it is incorporated as well as a name and address of either a corporate officer or the registered agent.  If you have trouble finding this information, you may search the website for the Corporations Bureau of the Pennsylvania Department of State.

The court will effect service on the defendant for a fee of $27 for any defendant within Philadelphia, and $42 for a defendant outside of the city. The important note to keep in mind is that Proof of Service must be returned to the court sooner than 10 days prior to your court date.

For more information about the Philadelphia County small claims process, visit the Philadelphia County Court’s website.