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In Philadelphia, Small Claims cases are heard in Municipal Court; elsewhere, in District or Justice Court.
Statues: Philadelphia Statutes Annotated, Title 42, Part II, Subpart A, Article D, Ch. 11, Subchapter B, Section 1123; Title 42, Part II, Article E, Ch. 15, Subchapter B, Sections 1511-1520. Rules of Civil Procedure Governing Actions and Proceedings Before District Justices, Rules 201-325; Philadelphia Municipal Rules of Civil Procedure, Rules 101-134.
Dollar Limit:: Philadelphia Municipal Court: $10,000; District or Justice Court: $8,000.
Where To Sue: Where defendant resides or is found or where breach or injury occurred. Corporation resides where it has principal place of business.
Service: Certified or registered mail, sheriff or court- approved disinterested adult.
Hearing Date: Municipal Court: Set by court. District or Justice Court: 12-60 days from service.
Attorneys: Allowed; required for corporations, except when corporation is defendant and claims is for more than $2,500 (Philadelphia Municipal Court).
Transfer: Municipal Court: If defendant counterclaims over jurisdictional limit, case tried in Court of Common Pleas. District or Justice Court: No provision.
Appeals: By either side for new trial or a trial by jury; to Court of Common Pleas within 30 days.
Special Provisions: District Justice Court: no real estate cases; court may order installment payments; court may order arbitration. Municipal Court: no jury trial. If claiming more than $2,000 for injury to self or property, will have to submit a verified (signed under oath) statement of claim (Philadelphia Municipal Court).
Note: This section outlines the special rules that apply to the small claims courts of all 50 states and the District of Columbia. Filing fees are not listed because they vary greatly and change frequently. This information was last updated in 2004. Because court rules may change at any time, always check with the clerk of the small claims court to verify the accuracy of the information given for your state.
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