7. HOW CAN I FILE A CIVIL LAWSUIT?

Who can File? : Any citizen who feels aggrieved by property damage, money owed to him/her or a contract gone sour may file for up to $8,000,exclusive of costs.

Where do I file? In the Magisterial District Judge Court serving the district where the defendant resides and/or Where the cause of action arose.

Who can be sued? Individuals, Corporations, Partnerships and Sole Proprietorships

Rules governing service on each of these different entities may be reviewed at the Magisterial District Judge Office in publications which the Magisterial District Judge may keep available for review.

Can I include attorney’s fees?

Generally not, unless a contract includes a clause allowing for "reasonable attorney fees"

How much will it cost?

The filing fees are established on a graduated scale, depending upon the amount you are requesting (Contact the Magisterial District Judge for current costs.) In addition to a filing fee, you will be charged for service of the complaint upon the defendant.

THE HEARING IS SET FOR NO LESS THAN TWELVE NOR MORE THAN SIXTY DAYS FROM THE DATE OF FILING OF THE COMPLAINT. After filing, the following situations may occur:

  • If the defendant notifies the Magisterial District Judge Court that he/she is planning to enter a defense to the complaint, the Magisterial District Judge Court personnel will then in turn notify you so that you may be present and prepared to present your case in the date of the hearing.
  • If the defendant fails to show for the hearing, a DEFAULT JUDGMENT is entered in your favor.
  • If after the hearing, the defendant is found liable for the debt, a judgment is entered in your favor.
  • If you are the winner of your lawsuit, the losing party must pay the full award directly to you no later than thirty days after judgment, unless the decision is appealed or if the Magisterial District Judge grants partial payments. If the defendant fails to make payment, you may request an Execution (commonly known as a "Sheriff’s Sale") or you may file a lien with the County Prothonotary in the county where the defendant resides.
  • If after the hearing the defendant is found to be NOT liable for the debt, the judgment is entered in favor of the defendant and the plaintiff cannot recover any filing costs, service costs or the original debt.
  • If the defendant is found to be only partially liable then a REDUCED judgment may be entered as determined by the Magisterial District Judge. Such cases the defendant is responsible for all filing and service costs and for any portion of the original debt that the Magisterial District Judge finds he/she liable for.

It is the burden of the parties to prove their respective cases. Please bring any documentation and photographs you may need as well as any necessary witnesses that will support your case. If a witness is unwilling to voluntarily appear, you may have subpoenas served upon them, at your cost. After a judgment has been entered against the defendant, he/she has 30 days to appeal the decision or pay the debt in full.

  • If the defendant appeals the decision, the case the case then goes to the Court of Common Pleas of Union County.
  • If no appeal is taken or the defendant does not pay the debt in full, YOU THE PLAINTIFF must initiate one of two options available in order to pursue the case:
    • You may file a lien with the Prothonotary.
    • You may proceed to an Order of Execution in this office
  • NOTE: These options must be exercised within a five-year period after the date of judgment or the judgment will be rendered null and void.