Pennsylvania Small Claims Court: $12,000 Limit, Fees and How to File

In Pennsylvania, you can bring a small claim for up to $12,000, not counting interest and court costs, before a magisterial district judge under 42 Pa.C.S. § 1515(a)(3). In Philadelphia, the Philadelphia Municipal Court hears the same kind of case with the same $12,000 limit under 42 Pa.C.S. § 1123(a)(4).

Pennsylvania has no court that is actually named "small claims court." These cases run under the rules for magisterial district judges (Pa.R.Civ.P.M.D.J., 246 Pa. Code), whose 300-series explanatory note describes them as "a modern, workable small claims procedure." This guide walks through a Pennsylvania case from filing to collecting; for other states, see our guide to small claims court by state.

Information last verified on 2026-10-07. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers civil money claims of up to $12,000 in Pennsylvania's magisterial district courts under 42 Pa.C.S. § 1515 and the Pa.R.Civ.P.M.D.J. (246 Pa. Code), and in the Philadelphia Municipal Court's Civil Division under 42 Pa.C.S. § 1123 and that court's local rules. It does not cover landlord-tenant possession (eviction) cases, which follow a separate track with a 10-day appeal deadline, regular civil cases in the Court of Common Pleas, or small claims in other states.

Pennsylvania small claims limit: $12,000

The statute gives magisterial district judges jurisdiction over "civil claims, except claims against a Commonwealth party as defined by section 8501 (relating to definitions), wherein the sum demanded does not exceed $12,000, exclusive of interest and costs." The Philadelphia Municipal Court statute uses the same words and states its goal plainly: "to establish an expeditious small claims procedure whereby it shall not be necessary for the litigants to obtain counsel."

The limit is the same for individuals and businesses. What changes is the court:

Waiving the amount over $12,000

If you are owed more than $12,000, you can give up the excess to bring the case before a magisterial district judge. Section 1515(a)(3) says: "A plaintiff may waive a portion of his claim of more than $12,000 so as to bring the matter within the monetary jurisdiction of a magisterial district judge. Such waiver shall be revoked automatically if the defendant appeals the final order of the magisterial district judge." The waiver is also revoked if the judgment is set aside on certiorari.

Philadelphia handles it differently. Under Municipal Court Civil Rule 107, filing a complaint waives and releases any amount over the limit arising from the same transaction. If the case is appealed or transferred to the Court of Common Pleas, the claimant may assert the full amount.

Think before waiving. Unless one of those events happens, the money above $12,000 is the price of using the faster court.

What you can sue for, and what you cannot

A magisterial district judge can hear three kinds of money claims under § 1515(a)(3): contract claims (called assumpsit), tort claims such as property damage (called trespass), and fines and penalties owed to a government agency. Typical disputes include an unpaid loan, a contractor who took a deposit and left, a car accident with property damage, or a security deposit a landlord kept. For the deposit rules themselves, see Pennsylvania landlord-tenant laws.

Some claims are off limits:

• Claims against a Commonwealth party. Section 1515(a)(3) excludes them. The Philadelphia Municipal Court's information sheet gives SEPTA as an example.
• Contract cases involving title to land. The statute excludes "cases of real contract where the title to real estate may be in question."
• Orders to do something. The Philadelphia Municipal Court says it "cannot order a party to do something, such as return property or make repairs." It awards money.

Every claim also has a filing deadline. Check the Pennsylvania statute of limitations for your type of claim, or estimate it with our statute of limitations calculator.

How much it costs to file in 2026

Filing costs at magisterial district courts are fixed statewide each year by Supreme Court order (204 Pa. Code § 29.402). The 2026 base costs for a civil complaint are:

These figures are not your full bill. They exclude postage and registered mail, which the plaintiff pays, and counties add their own surcharges and service costs. For example, a 2026 fee memo from one Tioga County magisterial district court (District 04-3-02, revised December 30, 2025) lists civil costs of $109.75, $132.25, $155.25 and $212.25 for the same four bands, plus a $75.00 server fee per defendant and $12.00 postage each. That is one office's figure, not a statewide one, so call your magisterial district court office for its current total.

The same 2026 statewide order sets other costs you may meet later: $51.50 for an order of execution (before the levying officer's costs are added), $23.00 for an objection to a levy, and $11.50 to reinstate a complaint.

The Philadelphia Municipal Court publishes its own small claims fee sheet. The sheet is undated, so confirm the current amount with the court before you file.

Fee waivers

A new statewide fee-waiver rule, Pa.R.Civ.P.M.D.J. 206.1, was adopted April 21, 2026 and takes effect November 1, 2026. It points to Pa.R.J.A. 1990 for the standards. If your fees are waived, the magisterial district judge will tell you about the option to serve the complaint by mail. If a fee waiver is denied, you can file a statement of objection within 10 days, without paying a fee (Rules 1016 to 1020).

Before November 1, 2026, ask the magisterial district court office how it handles an inability to pay. In Philadelphia, the court's information sheet says the court may allow you to file without paying the initial fee if you show you cannot afford it.

Filing the complaint

You file on the civil complaint form prescribed by the State Court Administrator, available on the Unified Judicial System's public forms page. Under Rule 304, the complaint must be signed and verified, which means false statements in it are subject to the penalties of 18 Pa.C.S. § 4904 (unsworn falsification to authorities).

Rule 304 also requires you to attach an affidavit about military service for every individual defendant. This matches the federal Servicemembers Civil Relief Act, which requires a plaintiff to file an affidavit on the defendant's military status before a court enters judgment against a defendant who has not appeared (50 U.S.C. § 3931).

A demand letter is not required by the rules. Rules 303 and 304 require only a verified complaint on the prescribed form.

Where to file

Rule 302 sets venue. You can sue an individual only in a magisterial district where:

1. the individual may be served,
2. the cause of action arose, or
3. a transaction or occurrence took place out of which the cause of action arose.

A corporation or similar entity can be sued where its registered office or principal place of business is, where it regularly conducts business, where the cause of action arose, or where the transaction or occurrence took place. Partnerships and unincorporated associations can be sued where they regularly conduct business or activity, or where the claim arose. Insurance-policy cases have extra venue options.

In Philadelphia, the Common Pleas venue rules apply. A defendant can object to venue in writing or out loud at trial, and if the objection is sustained, the case is transferred, not dismissed, to the proper magisterial district court or Court of Common Pleas, and the party who asked for the transfer pays its costs (Local Rule 108).

Do you need a lawyer?

No. A lawyer is allowed but not required. Rule 207 says individuals "may be represented by themselves, by an attorney at law, or by a representative with personal knowledge of the subject matter of the litigation and written authorization."

Businesses have similar options:

• Partnerships can appear through an attorney, a partner, or an employee or authorized agent with personal knowledge and written authorization from a partner.
• Corporations, other entities and unincorporated associations can appear through an attorney, an officer, or an employee or authorized agent with personal knowledge and written authorization from an officer.

The written authorization must be filed before the representative acts, blanket authorizations are not allowed, and a non-lawyer may not set up a business of representing other people. The Philadelphia Municipal Court likewise allows a lawyer but does not require one.

Serving the defendant

After you file, the magisterial district judge sends the complaint to the county sheriff or a certified constable for service. You can instead choose certified mail or a comparable delivery service with a return receipt, on paper or electronic (Rule 307).

Personal service on an individual can be made by handing the papers to the defendant, to an adult family member or the person in charge at the defendant's home, to the clerk or manager of the defendant's lodging, or to an agent at the defendant's office or place of business. Certified mail works if the receipt shows the signature of the defendant or one of those people (Rule 308). If the defendant is in another county, service can go through a magisterial district judge there or a certified constable anywhere in Pennsylvania. In Philadelphia, the Municipal Court's writ servers or the sheriff serve the papers.

Timing matters. Rule 307 says "Service shall be made at least ten days before the hearing." If the complaint is not served in time for a hearing within 60 days of filing, the judge dismisses it without prejudice. You can ask in writing to reinstate it, any number of times, for $11.50 under the 2026 cost order (Rule 314). A defendant who shows up waives defects in service, but not in venue.

If you are the defendant

You do not file an answer. Your papers tell you to notify the court in writing if you intend to appear, using a notice of intent to defend; if you do not appear, judgment can be entered against you. In Philadelphia, if a Notice of Defense form came with your papers, mail it at least 5 days before trial. The Philadelphia court "does not require or accept" an Answer, New Matter or Preliminary Objections.

Counterclaims. Under Rule 315, you can file your own complaint against the plaintiff at least five days before the hearing, for any claim within the magisterial district judge's jurisdiction. It does not have to arise from the same transaction. The judge then sets one consolidated hearing 12 to 30 days after your filing and enters a single money judgment, subtracting the smaller award from the larger. Before a magisterial district judge, there is no fee for filing a cross-complaint (Rule 315 note). A counterclaim over $12,000 is outside the magisterial district judge's jurisdiction unless the defendant waives the excess, as a plaintiff can (Rule 315 note; 42 Pa.C.S. § 1515(a)(3)).

In Philadelphia, a counterclaim over $2,000 must be filed at least 10 days before trial under Local Rule 115, and the defendant pays the same filing cost as a new case (Local Rule 115(b)). If it exceeds the court's limit, the case is continued and you get 30 days to sue in the Court of Common Pleas; if you do not, the excess is waived.

Jury trial. There is no jury at the magisterial district court level. A party who wants a jury gets there through the appeal, which is a new trial in the Court of Common Pleas, and the Philadelphia statute expressly preserves the right to a jury on that appeal.

The hearing

Under Rule 305(a), the magisterial district judge sets the hearing at least 12 and no more than 60 days after you file. Continuances cannot push it past 90 days from filing unless there is good cause or the parties agree (Rule 209(c)). In Philadelphia, Local Rule 113 sets trial no more than 90 days after the case starts.

Do not expect relaxed evidence rules. Rule 321 says the magisterial district judge "shall be bound by the rules of evidence, except that a bill, estimate, receipt, or statement of account that appears to have been made in the regular course of business may be introduced in evidence by any party without affidavit or other evidence of its truth, accuracy, or authenticity." That exception helps with repair estimates and invoices, but witnesses who saw what happened generally need to come and testify. In Philadelphia, the Rules of Evidence also apply (Local Rule 121(a)), but bills, repair estimates, medical bills and similar business records can come in without a witness only if every other party got written notice and a copy at least 10 days before trial (Local Rule 121(b)). The court's information sheet also says documents not attached to your original filing must be sent to the party you sued at least 10 days before trial.

Practical points from the rules:

• Subpoenas. A subpoena can require a witness to attend, and bring documents, only at a trial or hearing before the magisterial district judge (Rule 213).
• Who decides. A magisterial district judge decides the case; the rules' explanatory note says many are not lawyers.
• Decision. Judgment is given at the end of the hearing or within 5 days (Rule 322).
• Payment plans. The judge may order the judgment paid in installments over up to 12 months (Rule 323).

In Philadelphia, hearings are held in a sixth-floor courtroom at 1339 Chestnut Street, and the court offers mediators on the trial day. A mediated agreement is written and signed, binds both sides, and cannot be appealed.

Appealing a Pennsylvania small claims judgment

Any party aggrieved by a money judgment can appeal, plaintiffs included. Rule 1002 gives you "30 days after the date of the entry of the judgment" to file a notice of appeal with the prothonotary of the Court of Common Pleas, along with a copy of the Notice of Judgment. A late appeal is allowed only with leave of court for good cause.

The appeal is a new trial (trial de novo) in the Court of Common Pleas under the regular Rules of Civil Procedure, and many judicial districts first send these appeals to compulsory arbitration (Rule 1007 comment). Watch the next deadline: a claimant who appeals must file a complaint within 20 days after the notice of appeal, and a defendant who appeals files a praecipe for a rule to file a complaint (Rule 1004).

• No bond. Rule 1003 requires no bond or other security to appeal.
• Fee. Each county sets its own appeal filing fee. Lehigh County, for example, charges $190.00 for an appeal from a magisterial district judge (schedule for January 1, 2026 to December 31, 2028).
• Stay. Once the magisterial district judge receives the notice of appeal, it acts as a supersedeas that stops enforcement, except for possession judgments that require a tenant escrow (Rule 1008).
• Waiver. If you waived part of a claim over $12,000 and the defendant appeals, your waiver is revoked automatically under § 1515(a)(3).

In Philadelphia, Local Rule 124 gives the same 30 days to appeal to the Court of Common Pleas, filing a notice of appeal with a copy of the Municipal Court disposition sheet.

Missed the hearing? Default judgments

Rule 319 says that if the defendant does not appear, the magisterial district judge "shall, whether or not the plaintiff appears, enter judgment for the plaintiff or continue the case for cause." If the claim is for an unliquidated amount, damages are assessed at a hearing after at least 10 days' written notice. If the plaintiff does not appear and the defendant filed a notice of intent to defend, the judge enters judgment for the defendant or continues the case.

The magisterial district court rules contain no motion to vacate a default. A defendant who lost by default has two routes:

• Appeal within 30 days for a new trial in the Court of Common Pleas (Rule 1002).
• Writ of certiorari (Rule 1009). Lack of jurisdiction over the parties or the subject matter can be raised at any time after judgment. Improper venue or a gross irregularity of procedure must be raised within 30 days of the judgment.

You cannot use both on the same judgment (Rule 1015). In Philadelphia, you can file a petition to open a default judgment on the 10th floor of 1339 Chestnut Street. You need a good reason for missing trial, must file promptly, and must have a valid claim or defense; if the judgment is opened, trial goes ahead immediately (Local Rule 117(f)).

Collecting your judgment

A judgment is a court order, not a payment. The court does not collect the money for you, so plan for enforcement.

• When. Under Rule 402, you may request an order of execution no sooner than 30 days after the judgment is entered and within five years of that date. In Philadelphia, Local Rule 126 holds execution until the time to appeal has run.
• Order of execution. This lets an officer levy on the debtor's personal property. The statewide base cost is $51.50 under the 2026 order, but the levying officer's costs are added, so the office may ask for much more up front (one Tioga County magisterial district court lists $389.50 in total). It can be reissued any number of times within five years, with no new filing cost, though server costs may apply (Rule 403). The debtor can ask for a stay or post a bond (Rule 410), and an objection to the levy costs $23.00 (Rules 413 and 420).
• Real estate. To reach land, you enter the judgment in the Court of Common Pleas; after that, further process comes from Common Pleas (Rule 402). Each county sets the cost of entering the transcript. You can enter the judgment in the Court of Common Pleas starting 30 days after judgment and no later than five years after it (Rule 402D). Once entered there, it is indexed, revived and enforced under Common Pleas procedures, so do this before the five-year window closes if the debt is still unpaid.
• Exemptions. Pennsylvania exempts $300 of any property from execution (42 Pa.C.S. § 8123), with exceptions such as support judgments, and exemptions cannot be waived by contract. Other protections apply; see Pennsylvania debt collection laws.

Pennsylvania generally does not allow wage garnishment to collect an ordinary money judgment: wages, salaries and commissions held by an employer are exempt from attachment (42 Pa.C.S. § 8127). The statute lists exceptions, including support and a landlord's final judgment arising out of a residential lease. For a landlord's judgment, the amount attached is the lesser of 10% of net wages per pay period or a sum that would not put the tenant's net income below the federal poverty guidelines, after any forfeited security deposit is credited. For most small claims judgments, collection runs through an order of execution on personal property or through entering the judgment in the Court of Common Pleas. Some federal benefits are protected regardless of state law: Social Security benefits are not subject to "execution, levy, attachment, garnishment, or other legal process" (42 U.S.C. § 407(a)), and VA benefits are exempt from creditors' claims (38 U.S.C. § 5301(a)(1)).

Once the debt is paid, anyone with an interest can ask for the judgment to be marked satisfied by filing in the magisterial district court office, and the judgment creditor must enter satisfaction within 90 days of being served with the request (Rule 341; 42 Pa.C.S. § 8104).

Official forms and self-help

• Pennsylvania UJS forms for the public: civil complaint, notice of intent to defend, request for order of execution and entry of satisfaction.
• Pa.R.Civ.P.M.D.J. in the Pennsylvania Code (Title 246).
• Philadelphia Municipal Court small claims information sheet and small claims FAQ.
• Philadelphia Municipal Court Civil Division local rules.

Related

• Small claims court by state
• Pennsylvania statute of limitations
• Pennsylvania debt collection laws
• Pennsylvania landlord-tenant laws
• New Jersey small claims court
• Ohio small claims court

Disclaimer: This article provides general legal information about small claims in Pennsylvania's magisterial district courts and the Philadelphia Municipal Court under 42 Pa.C.S. §§ 1123 and 1515 and the Pa.R.Civ.P.M.D.J. (246 Pa. Code), verified on 2026-10-07. It is not legal advice and does not create an attorney-client relationship. For help with your situation, contact your magisterial district court office or the Philadelphia Municipal Court, a legal aid office, or a lawyer licensed in Pennsylvania.

Last updated: 2026-10-07.

Frequently Asked Questions

What is the small claims limit in Pennsylvania?

$12,000, not counting interest and costs. Magisterial district judges hear these claims under 42 Pa.C.S. § 1515(a)(3), and the Philadelphia Municipal Court has the same limit under § 1123(a)(4).

Can I sue for more than $12,000 in a Pennsylvania magisterial district court?

Only by waiving the amount over $12,000 (42 Pa.C.S. § 1515(a)(3)). The waiver is revoked automatically if the defendant appeals; otherwise a larger claim belongs in the Court of Common Pleas.

How much does it cost to file small claims in Pennsylvania?

The 2026 statewide base cost is $68.50 to $171.00 depending on the amount claimed (204 Pa. Code § 29.402). Counties add surcharges, service and postage, so ask your magisterial district court for the full amount.

Can someone else represent me in small claims in Pennsylvania?

Yes. Under Rule 207 you can appear yourself, hire a lawyer, or send a representative with personal knowledge of the case and written authorization filed with the court. Businesses can use an officer, partner or authorized employee the same way.

Does the defendant have to file an answer in Pennsylvania small claims?

No. The defendant tells the court in writing that they intend to defend and then appears at the hearing. A defendant can also file a counterclaim at least five days before the hearing (Rule 315).

How long do I have to appeal a magisterial district judge's decision in Pennsylvania?

30 days after the judgment is entered, by filing a notice of appeal with the prothonotary of the Court of Common Pleas (Rule 1002). The appeal is a new trial, and no bond is required (Rule 1003).

What can I do if I lost by default in Pennsylvania small claims?

You can appeal within 30 days for a new trial, or file for a writ of certiorari on limited grounds such as lack of jurisdiction or a gross procedural irregularity (Rules 1002 and 1009), but not both. In Philadelphia, you can petition to open the default.

When can I collect a Pennsylvania small claims judgment?

You can ask the magisterial district court for an order of execution starting 30 days after judgment and up to five years after it (Rule 402). The court does not collect for you, and to reach real estate you enter the judgment in the Court of Common Pleas.