Small claims forms · Pennsylvania
Pennsylvania small claims court forms, filled in for you
Answer a few questions once. Vera fills in the Pennsylvania court's own forms from your answers, walks you through anything left, and gives you one packet to file, with how to file it.
Fill in my forms — start freeTo sue (you're the plaintiff)
Civil Complaint (AOPC 308A)
The court's own form (www.pacourts.us)
What to know
- This is the Administrative Office of Pennsylvania Courts' form for the magisterial district court (pacourts.us, Forms for the Public). The court's forms page says the Civil Complaint "is for use in filing small claims" and "is also for use by tenants when filing complaints about landlords", and "No changes may be made to the civil complaint form either in content or format" (pacourts.us, Forms for the Public; Pa.R.Civ.P.M.D.J. 304(A)).
- File it in a magisterial district where the defendant may be served, where the claim arose, or where the transaction or occurrence behind it took place; against a business, also where it has its registered office or principal place of business or regularly does business (Pa.R.Civ.P.M.D.J. 302). Not for a claim filed in Philadelphia: the Philadelphia Municipal Court hears small claims cases "up to $12,000" on its own Statement of Claim form, which "must be typed" (courts.phila.gov, Municipal Court Civil Division; the Statement of Claim instruction sheet).
- The claim must be within the magisterial district judge's jurisdiction, which 42 Pa.C.S. § 1515(a)(3) sets (Pa.R.Civ.P.M.D.J. 301, comment).
- Vera filled the county and the magisterial district number when your court's name gives them, your name as plaintiff, the defendant's name, and the docket number when your case has one. Add the magisterial district judge's name, office address and telephone number (the form).
- From your answers in Court forms, Vera filled both addresses, the amount you ask for, and the claim: why the money is owed, the date and how you figured the amount, in your words, and, if you ask for interest, the interest amount, rate and date it runs from; the amount blank is the amount you gave, without the interest. Check that the claim says what the rule asks: for a contract, the date of the transaction and what it was about; for harm done to you, the date, time and place and the damage; for a civil fine, the statute or ordinance violated (the form; Pa.R.Civ.P.M.D.J. 304(B)). Add what is missing. Leave the costs and the filing date to the court.
- Sign it: you verify the facts subject to the penalties of 18 Pa.C.S. § 4904, and write your name in "I, ___ verify" (the form; Pa.R.Civ.P.M.D.J. 304(C)). The plaintiff or the plaintiff's agent signs. The form prints the Case Records Public Access Policy certification. Vera never signs or dates a form.
- If you are suing more than one defendant, Vera filled only the first: the form has one "DEFENDANT: NAME and ADDRESS" box (the form). Ask the magisterial district court's office how to name the others on your complaint.
- For every defendant who is an individual, attach the Servicemembers Civil Relief Act Affidavit, offered here (Pa.R.Civ.P.M.D.J. 304(D)).
- "You will need one copy of the civil complaint with original signature for the magisterial district judge. You will be charged filing costs and service costs when the complaint is filed at the district court" (pacourts.us, Forms for the Public). The court's office gives the amounts.
- You do not serve the defendant. When you file, the judge sets the hearing 12 to 60 days away and the court has the complaint served by the sheriff or a certified constable, or by certified mail if you choose, at least ten days before the hearing (Pa.R.Civ.P.M.D.J. 305, 307, 308).
- You may appear yourself or with a lawyer, who files an entry of appearance (Pa.R.Civ.P.M.D.J. 207(A), 207.1). A corporation or similar entity may appear by an officer, or by an employee or agent with personal knowledge of the case and an officer's written authorization; a partnership by a partner, or by an employee or agent with a partner's written authorization; a sole proprietorship as an individual (Pa.R.Civ.P.M.D.J. 207(A) and its note).
- If the claim is for the return of a residential security deposit, the Landlord and Tenant Act of 1951 sets when the landlord must return it and what happens if they do not (68 P.S. § 250.512); read it before you file (the act).
Servicemembers Civil Relief Act Affidavit
The court's own form (www.pacourts.us)
What to know
- This is the Administrative Office of Pennsylvania Courts' form for the magisterial district court (pacourts.us, Forms for the Public).
- Attach one to the Civil Complaint for every defendant who is an individual (Pa.R.Civ.P.M.D.J. 304(D)).
- Vera filled both names and the docket number when your case has one. Add the court: the magisterial district court and its number (the form).
- From your answer in Court forms about whether the defendant is on active military duty, Vera marked one box in item 3: a (in military service), b (not in military service) or c (unable to determine). Check it: each box says you have "personal knowledge" of it, except c (the form). You fill in your name, and in item 4 explain how you know or what steps you took (the form). The Department of Defense's website https://scra.dmdc.osd.mil can show the defendant's military status (the form).
- Sign it: you verify it subject to the penalties of 18 Pa.C.S. § 4904 (the form). Vera never signs or dates a form.
Authorization of Representative (AOPC 317)
Only if someone other than you or a lawyer will represent you (for example, for a business).
The court's own form (www.pacourts.us)
What to know
- This is the Administrative Office of Pennsylvania Courts' form for the magisterial district court (pacourts.us, Forms for the Public).
- A representative who is not a lawyer may take no action for you until this written authorization is filed with the court, and must verify personal knowledge of the case (Pa.R.Civ.P.M.D.J. 207(B)). It applies to this case only (the rule's note).
- Vera fills the county and the magisterial district number only when your court's name gives them. Add the magisterial district judge's name, office address and telephone number. Vera filled the plaintiff's and the defendant's names as the complaint has them. Write the docket number exactly as the complaint shows it, once the court has given one: the blank is too narrow for Vera to type it whole (the form).
- Vera marks and fills nothing else. Complete the Individual part, or for a partnership, corporation or similar entity the entity part and the box that says who you are; then the representative's contact information and verification (the form).
- You and the representative each sign (the form). Vera never signs or dates a form.
If you were sued (you're the defendant)
Notice of Intent to Defend
The court's own form (www.pacourts.us)
What to know
- This is the Administrative Office of Pennsylvania Courts' form for the magisterial district court (pacourts.us, Forms for the Public). The court sends it with the complaint (Pa.R.Civ.P.M.D.J. 305(e)).
- "If you wish to appear at the hearing and defend against the claims set forth in the complaint, you should notify the court in writing": return this form to the court, or send a signed statement identical in content (the Notice to Defendant, Pa.R.Civ.P.M.D.J. 305(d)).
- Vera filled the county and the magisterial district number when your court's name gives them, both names as the complaint has them, and your name in "I, ___ intend to present a defense". Add the judge's name, office address and telephone number, the court's address in the lower box, and the docket number and filing date, exactly as the complaint shows them: the docket blank is too narrow for Vera to type the number whole (the form).
- Go to the hearing on the date and at the place on the complaint. If you do not appear, a judgment may be entered against you. If you gave written notice and attend but the plaintiff does not appear, the judge enters judgment for you or continues the case for cause (Pa.R.Civ.P.M.D.J. 305(d)).
- If you have your own claim against the plaintiff, file it on a Civil Complaint, offered here, at least five days before the hearing (Pa.R.Civ.P.M.D.J. 315(A)).
- You may appear yourself or with a lawyer, who files an entry of appearance (Pa.R.Civ.P.M.D.J. 207(A), 207.1). A corporation or similar entity may appear by an officer, or by an employee or agent with personal knowledge of the case and an officer's written authorization; a partnership by a partner, or by an employee or agent with a partner's written authorization; a sole proprietorship as an individual (Pa.R.Civ.P.M.D.J. 207(A) and its note).
- Date and sign it (the form). Vera never signs or dates a form.
Civil Complaint (AOPC 308A), your claim against the plaintiff
Only if you have your own claim against the plaintiff.
The court's own form (www.pacourts.us)
What to know
- This is the Administrative Office of Pennsylvania Courts' form for the magisterial district court (pacourts.us, Forms for the Public). The court's forms page says the Civil Complaint "is for use in filing small claims" and "is also for use by tenants when filing complaints about landlords", and "No changes may be made to the civil complaint form either in content or format" (pacourts.us, Forms for the Public; Pa.R.Civ.P.M.D.J. 304(A)).
- File it at the magisterial district court hearing the case at least five days before the hearing. The rules for a plaintiff's complaint apply to it, the judge sets one hearing for both claims, and "there is no fee for filing it" (Pa.R.Civ.P.M.D.J. 315(A), (B) and note). If it is filed later, "it will not be processed as a cross-complaint" (the rule's note).
- On it you are the plaintiff: Vera filled the county and the magisterial district number when your court's name gives them, your name as plaintiff and the other side's name as defendant, and from your answers in Court forms both addresses, yours as plaintiff's. Add the judge's name, office address and telephone number; the court gives the docket number and the filing date (the form).
- If you said in Court forms that you are suing back, Vera filled the amount and what it is for, in your words, and the date it arose if you gave it. Add what the rule asks for: for a contract, the date of the transaction and what it was about; for harm done to you, the date, time and place and the damage (the form; Pa.R.Civ.P.M.D.J. 304(B)).
- Sign it: you verify the facts subject to the penalties of 18 Pa.C.S. § 4904, and write your name in "I, ___ verify" (the form; Pa.R.Civ.P.M.D.J. 304(C)). Vera never signs or dates a form.
- If the plaintiff is an individual, attach the Servicemembers Civil Relief Act Affidavit, offered here (Pa.R.Civ.P.M.D.J. 304(D) and 315(B)).
- The claim must be within the magisterial district judge's jurisdiction (Pa.R.Civ.P.M.D.J. 315(A)); the rule's note points to 42 Pa.C.S. § 1515(a)(3) on its limits.
Servicemembers Civil Relief Act Affidavit (with your claim)
Only if you file your own claim against a plaintiff who is an individual.
The court's own form (www.pacourts.us)
What to know
- This is the Administrative Office of Pennsylvania Courts' form for the magisterial district court (pacourts.us, Forms for the Public).
- Attach it to your Civil Complaint against the plaintiff (Pa.R.Civ.P.M.D.J. 304(D) and 315(B)).
- Vera filled your name first and the plaintiff's second, as your complaint names you. Add the court and the docket number the court gives your claim (the form).
- Vera marks and fills nothing else. You fill in your name, mark whether the plaintiff is in military service, is not, or you cannot determine it, and explain how you know or what steps you took (the form). The Department of Defense's website https://scra.dmdc.osd.mil can show military status (the form).
- Sign it: you verify it subject to the penalties of 18 Pa.C.S. § 4904 (the form). Vera never signs or dates a form.
Authorization of Representative (AOPC 317)
Only if someone other than you or a lawyer will represent you (for example, for a business).
The court's own form (www.pacourts.us)
What to know
- This is the Administrative Office of Pennsylvania Courts' form for the magisterial district court (pacourts.us, Forms for the Public).
- A representative who is not a lawyer may take no action for you until this written authorization is filed with the court, and must verify personal knowledge of the case (Pa.R.Civ.P.M.D.J. 207(B)). It applies to this case only (the rule's note).
- Vera fills the county and the magisterial district number only when your court's name gives them. Add the magisterial district judge's name, office address and telephone number. Vera filled the plaintiff's and the defendant's names as the complaint has them. Write the docket number exactly as the complaint shows it, once the court has given one: the blank is too narrow for Vera to type it whole (the form).
- Vera marks and fills nothing else. Complete the Individual part, or for a partnership, corporation or similar entity the entity part and the box that says who you are; then the representative's contact information and verification (the form).
- You and the representative each sign (the form). Vera never signs or dates a form.
Checked against the court's own forms and rules. Courts change forms; check with the clerk before you file. This page is general information, not legal advice.