Cameron County Magisterial District Court Small Claims Court Hearing
After the claim is filed, the clerk will usually set a hearing between 12 and 60 days of the filing of the claim. Prior to the hearing, you should gather all documents and papers related to your case. Plan on having any witnesses that can support your position ready to be present in court on the date of the hearing. The hearing is open to the public and usually includes the following: judge, clerk, plaintiff, defendant, and any witnesses for either party. Because the hearing is open to the public, there may be members of the public watching court from the gallery (along with maybe other parties waiting for their cases to be called). The judge will explain the procedures at the beginning of the case (or at the beginning of the docket if there are multiple cases set for a hearing on the same day). Plaintiff and Defendant will both be sworn in at the beginning to present testimony to the court. During the hearing, the plaintiff will be given an opportunity to testify about what happened that caused the plaintiff to file the claim. The plaintiff can present papers, bills, records, receipts, photographs, or video to the judge. The defendant will have the opportunity to ask questions of the plaintiff. Once the plaintiff is done, the witnesses that the plaintiff brought will also be given a chance to provide testimony. The defendant will also be granted the opportunity to ask questions of these witnesses as well. After the plaintiff is finished presenting his or her case, the court will allow the defendant a chance to present a defense (including testimony from the defendant). The defendant can also bring witnesses to provide testimony to the judge as well. The judge will usually make a decision at the hearing (or within five days).
Cameron County Small Claims Court Case Types
Two types of civil cases are generally heard in Magisterial District Court in Cameron County: negligence and contract actions. A breach of contract action is where parties enter into an agreement that can be either oral or in writing. Contracts are used in many situations including:
- contractors and homeowner to make improvements
- insurance companies and their insureds to provide services
- credit services between a credit card company and a consumer
Breach of contract occurs when one party does not complete what they are required to do under the contract. A negligence case occurs when a party who is responsible to protect someone or something using due care, fails to do so. Negligence actions generally include traffic accidents on the road and can include an actions for personal injuries (pain and suffering to a person) and property damage (generally to a car or other property).
Prior to Filing a Small Claims Court Claim in Cameron County Magisterial District Court
You should send a demand letter to the defendant asking for payment before filing your claim. This is usually the quickest and easiest way to resolve your dispute. In addition to the amount you are requesting, you should also set a reasonable deadline for the defendant to respond by. If the defendant does not agree to the terms in your letter (or fails to respond), you may consider filing your case. Prior to filing your claim, you need to ascertain the name and physical address of the party you intend to sue. The court clerk is unable to accept a Post Office Box for an address. If the party you intend on suing is not an individual, it is important to learn what corporate form the business is using. The Pennsylvania Corporation Bureau is a great resource for assisting with this task (Phone: 717-787-1057). Before going to the Magisterial District Court to file your claim, you should know the following information:
- plaintiff’s name and address
- name and address of the defendant
- the amount of the claim
- a short statement concerning why you believe you are entitled to that amount of money (you should include dates and enough information so the person you are suing knows why you are suing them)
While you can submit your claim through the mail, it is recommended that you file it in person so the clerk can let you know in person whether the form has been properly completed. The plaintiff can also pay the filing fee in person at the courthouse. In addition to the filing fee, you will also have to pay for the cost for personal service of your claim on the defendant (which varies depending on how it is served). The plaintiff can have the claim served on the defendant by certified mail or personally by a sheriff or constable. Service by a sheriff or constable can cost more than by certified mail (but may be quicker because a person might not be home or refuse to accept a certified letter).
Cameron County Magisterial District Court Appeal
If the plaintiff wins at the hearing, the judge may set up a twelve month installment plan for payments from the Defendant. The defendant has thirty days to appeal the Magisterial District Judge’s decision to Common Pleas Court. If there is an appeal, a Notice of Appeal is filed with the prothonotary in the county courthouse. The Notice of Appeal (once filed) will be served on the Magisterial District Judge (who made the decision) and the plaintiff. The Notice of Appeal will prevent the plaintiff from taking any steps to collect money from the defendant until the appeal is decided. If the plaintiff does not prevail at the initial hearing, the plaintiff has the option of appealing the Magisterial District Judge’s decision as well.
Where Should I File a Cameron County Small Claims Court Case?
Courts in Pennsylvania are divided into districts. Each district has an elected Magisterial District Judge. A case should be filed in the Magisterial District where:
- the Defendant resides or where the business is located
- the contract involved was signed or performance was made
- the accident occurred
- the property from the case is kept
The plaintiff should contact the Magisterial District Court where the plaintiff thinks the case should be filed and inquire if it is the correct court. The plaintiff can also inquire what the filing fee for the case will be. The filing fee can be paid by the plaintiff when the case is actually filed. The form “Civil Complaint” need to be completed by the plaintiff. Note: if you need to include confidential information in your complaint, it is important to use the Confidential Information Form found on the same page.
Filing a Case in Cameron County Magisterial District Court
A claim of $12,000 or less is also able to be filed in Common Pleas Court. But, the Common Pleas Court is more formal and expensive than Magisterial District Court. Additionally, you need an attorney to file your case in the court of common pleas. Magisterial District Court does not require an attorney.
Types of Cases Handled by a Magisterial District Judge in Cameron County
A Magisterial District Judge is a judge elected by the people of the district to handle certain types of cases including criminal (preliminary hearings and arraignments, traffic offenses, municipal code violations) and civil (landlord/tenant cases and cases where the amount in dispute does not exceed $12,000).
Magisterial District Court in Cameron County
Cameron County has 1 Magisterial Districts which are:
59-3-01
The Magisterial District Judge for 59-3-01 is Barry D. Brown . The 59-3-01 Magisterial District courthouse is located at:
Cameron County Courthouse 20 East Fifth Street, Second Floor Emporium, PA 15834 The phone number for 59-3-01 Magisterial District is: 814-486-9346. The fax number for 59-3-01 Magisterial District is: 814-486-1965.
Small Claims Court in Cameron County
