You have a contract dispute. If someone agreed to perform work under a contract, then you can sue if they failed to do the work or if they harmed you by doing poor work. Someone injured you carelessly. If someone harmed you because they were not being careful, then you can sue in small claims court. Examples include someone hitting your car or performing poor medical or dental work.
If there was a contract, the you should get your copy of the contract. Any correspondence between you and the defendant. Invoices, estimates, or cancelled checks which show the economic losses you have suffered. Medical records, medical bills, and photographs which show your injury.
If you are suing a business, then you might need to contact the Pennsylvania Corporation Bureau at 717-787-1057 to find the correct name and address of the corporation.
The state publishes a form that you can use. It is available at http://www. pacourts. us/assets/files/setting-897/file-771. pdf?cb=673ae2. You can type directly into the PDF of this form and then print it off. Alternately, you could fill it out when you stop into the court.
your name and address the defendant’s name and address how much you are suing for a short explanation of why you think you are entitled to money
For example, if you are suing because of a car accident, then you can sue in the district where the accident took place regardless of whether the defendant lives there. To find the appropriate court, visit the website for the Unified Judicial System of Pennsylvania. A listing of Magisterial District Courts is available at http://www. pacourts. us/courts/minor-courts/magisterial-district-judges/. You can find the nearest court and stop in to ask where you should file your lawsuit.
You also have the option to send in your complaint by mail. However, you should still take it in personally. If you filled out the complaint wrong, then the clerk can tell you how to fix it when you stop in to file. [7] X Research source
If you win the lawsuit, then the defendant will be required to pay your fees. [9] X Research source
Certified mail. The court clerk will mail the copy of the complaint. When the complaint is delivered, the return receipt will be sent to the clerk as proof that the complaint was received. Personal service by the sheriff. The clerk can also schedule service by the sheriff or constable. This will cost a small fee.
Although the interviewer cannot provide legal advice, he or she can help you fill out the forms and prepare to have them served on the defendant.
Try to get a copy of the entire complaint before leaving the courthouse.
In Philadelphia, you must send the documents at least ten days before trial. [14] X Research source
Be sure to tell the witness the date, time, and location of the trial.
Men should wear suits if they have one. If not, then men should wear dress pants and a shirt with a collar. Make sure to wear dress shoes and socks. Women should wear a suit as well (skirt or pant suit). However, a woman can also wear a conservative dress or dress pants with a sweater or blouse. See Dress for a Court Hearing for more information on how to look your best for court.
If you don’t get to court on time, then the judge might enter a default judgment against you. [17] X Research source A default judgment is very difficult to set aside. Essentially, you lose the case simply for failing to show up. You might realize ahead of time that you can’t make your trial date. In this situation, you should write to the court clerk at least 10 days before trial. Address your letter to the court clerk and make sure that you send a copy of your letter to all defendants. [18] X Research source
You also should not bring food or drinks into court. If you need to eat, then make sure to consume everything outside the courthouse.
The defendant or the judge might ask you questions. [20] X Research source Be sure to answer clearly. Also don’t guess. If you don’t understand a question, then ask the judge or defendant to repeat it. You should call a judge “Your Honor. ” Remember not to interrupt the judge but to listen respectfully to everything the judge tells you. See Address a Judge in Court for more information.
Always stay calm, no matter what you are hearing from the defendant. Remember not to interrupt the defendant as you will get a chance to respond. [22] X Research source
You have thirty days to fill out the Notice of Appeal form. Be sure to keep a copy for your records. You also must serve copies of the form on the defendant and on the judge who heard the case. You must also fill out a Proof of Service within 10 days of filing your Notice of Appeal form. [26] X Research source The Proof of Service certifies that you served copies of the Notice of Appeal on all relevant parties. Your case will then be held in the regular civil court, the Court of Common Pleas. You should probably consider hiring an attorney to represent you in Common Pleas, since the rules are stricter in that court than in small claims court.
