It is up to you to determine which action and court is most appropriate for your situation.

You may file a civil suit at Magisterial District Court if you have a complaint against a person or business and wish to recover an amount of money totaling $12,000 or less. This is called a civil lawsuit. The $12,000 limit does not include the court costs involved in the suit, or any interest which may be due on your claim. If you are successful, you are entitled to be reimbursed for court costs.

Cases for more than $12,000.00 must be filed at the Court of Common Pleas.

Claims for $12,000 or less may be filed in Common Pleas Court; however, Magisterial District Courts are less formal, less expensive and faster than Common Pleas Courts. The Magisterial District Court has standardized complaint forms to complete and file. The Court of Common Pleas does not provide such forms. It is up to you to determine which court is most appropriate for your claim.

If you file a suit in Magisterial District Court, you must determine which Magisterial District Judge has authority to handle the suit. Magisterial District Judges Rule 302 is the rule which governs where a suit may be filed. Generally, the suit must be filed where the person you are suing lives or is located, or where your claim arose. For example, a small claim arising out of a traffic accident or contract dispute could be filed at the office of the Magisterial District Judge who serves the territory where the accident occurred or where the contract was signed. However, Rule 302 allows for other options. To determine which Lehigh County Magisterial District Court office covers a certain address, use the MDJ locator.

Magisterial District Judges Rule 502 is the rule which governs where a Landlord/Tenant Action for Recovery of Real Property (Eviction) may be filed. Landlord/Tenant cases are usually filed in the MDJ area in which the rental property is located. To determine which Lehigh County Magisterial District Court office covers a certain address, use the MDJ locator.

In Magisterial District Court, an attorney is not required, but it may be advisable to have one present for certain types of cases. If you choose to represent yourself, there is no assistance available from the Magisterial District Court office staff or the Law Library. You must be prepared to follow court rules and prepare your own documents.

If you want to obtain the service of an attorney, but do not know whom to contact, you should visit the Lehigh County Bar Association's Lawyer Referral Service website.

In most cases, yes. You will pay filing fees and fees to have the complaint served on the other party. Keep in mind that if you win your claim, the party you are suing (the defendant/tenant) may be required to pay you back for the court costs. Pa.R.C.P.M.D.J. No. 206 sets forth those costs recoverable by the prevailing party.

Once you have filed a Civil Complaint, the Magisterial District Court office staff will set a hearing date which shall be between 12 and 60 days from the date the complaint is filed, and the Magisterial District Court office staff will serve your Defendant/Former Tenant with a copy of the complaint and notice of the hearing date and time.

Consult with your attorney if you choose to have one, and gather and organize any lease, notices, bills, receipts, rent demands, or other letters relating to the suit and the damages to your property. You must have any document that is important to your case with you. The Magisterial District Judge will only consider documents presented at the hearing. It is also a good idea to inform any witnesses of the date of the hearing.

At the hearing, those present will be the Magisterial District Judge, you (the Plaintiff), your witnesses, your lawyer if you choose to have one, the Defendant, defense witnesses, and possibly the defendant's lawyer. The courtroom will almost always be open to the public as well. The Magisterial District Judge will explain the procedure to you. Do not be afraid to ask questions. During the hearing, you will be given an opportunity to tell what happened that caused you to sue the Defendant/Tenant. Show any lease, notices, bills, receipts, rent demands, or other letters you have to the Magisterial District Judge. You will probably be asked questions by the Defendant/Tenant, or possibly by the Magisterial District Judge. Then your witnesses may be allowed to tell what they know about the case. The Defendant/Tenant will be given the same opportunity. You will also be permitted to ask questions of the Defendant/Tenant.

The Magisterial District Judge's decision may be made at the hearing or you may be informed of it later by mail, within five days of the hearing.

If you succeed in your Small Claims Civil case, you will get a judgment/transcript on paper (this may be mailed to you if the MDJ decides to think about the case before ruling) stating the following:

• Defendant/Former Tenant owes you a specific amount of money for the damages you claimed.
• Here is a photo of a Sample Civil Judgement.

The court does not pay you the money. It is your responsibility to file the judgment in the Court of Common Pleas and collect the money from the defendant through wage garnishment or other legal collection methods. The losing party does have the right to appeal, which may delay any collection.

The Defendant/Former Tenant has 30 days to appeal a Small Claims Civil Judgment to the Court of Common Pleas.

Judgment in favor of the Plaintiff/Landlord means that you, the Plaintiff/Landlord, will be awarded the judgment asked for without having to present your case to the Magisterial District Judge. You win because the Defendant/Former Tenant failed to appear in court or did not defend the action.

If you win and the Defendant/Former Tenant does not appeal the eviction within 30 days, you may determine the best method to collect your judgment. The court does not pay you the money. It is your responsibility to file the judgment in the Court of Common Pleas and collect the money from the Defendant through wage garnishment or other legal collection methods. You may want to consult an attorney to determine how to collect your judgment.

If you lost the case and the Magisterial District Judge's decision is in favor of the Defendant/Tenant, you also have the right to appeal to the Court of Common Pleas.

• If you are appealing from a Small Claims Civil Judgment you have 30 days from the date the Magisterial District Judge made the decision to file an appeal.

The appeal process may be too complicated to handle without a lawyer. If you want to obtain the service of an attorney, but do not know whom to contact, you should visit the Lehigh County Bar Association's Lawyer Referral Service website