Filing a Case in Forest County Magisterial District Court
Claims for $12,000 or less can also be filed at the 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. In Magisterial District Court, an attorney is not required.
Where Should I File a Forest County Small Claims Court Case?
The Pennsylvania courts are divided by county and then into districts. Each district has an elected Magisterial District Judge. A case should be filed in the Magisterial District where:
- the Defendant lives (or where the business involved is located)
- the contract was signed or where the contract was supposed to be performed
- the accident occurred
- the property from the case is kept
The plaintiff should contact the Magisterial District Court clerk to ensure it is the proper court for the case. The plaintiff can also inquire what the filing fee for the case will be. You will pay the filing fee when you file the Complaint with the court. 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.
Forest County Magisterial District Court Hearing
Once the claim has been filed, the clerk will set a hearing between 12 and 60 days from the date of the filing of the claim. Each party should gather all documents and papers related to the case before the hearing. You should also arrange to have any witnesses that may support your position present on the date of the hearing so they can testify. On the day of the hearing the courtroom will include the following: court clerk, judge, plaintiff, defendant, and any witnesses that either side intends to call. The courtroom is open to the public so anybody may be sitting in the gallery of the courtroom as well. At the beginning of the case (or calendar), the Magisterial District Judge will usually briefly explain the procedures used at the hearing. The plaintiff and defendant will both be sworn in to present testimony to the judge. The court will give the plaintiff a chance to present its case through testimony. The plaintiff can present papers, bills, records, receipts, photographs, or video to the judge. The plaintiff will probably also be asked questions by the defendant. Once the plaintiff is done, the witnesses that the plaintiff brought will also be given a chance to provide testimony. The defendant will have the chance to ask questions for these witnesses too. After the plaintiff is done presenting his or her case, the judge will give the defendant an opportunity to testify (and the plaintiff will be given the chance to ask questions as well). The defendant can also bring witnesses to provide testimony to the judge as well. Once all the evidence has been presented, the judge will either make a decision at the hearing or within five days.
Prior to Filing a Small Claims Court Claim in Forest 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. Be sure to include a deadline that is reasonable in your demand letter. If the demand letter does not resolve your case, you can consider filing your case. It is also important to know the name and address of the party you wish to file your action against. 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 (717-787-1057) can assist with learning this information. Before heading down to the courthouse to fill out your claim, you should have the following information:
- name and address of the plaintiff
- name and address of the person you want to sue
- the amount of money you are filing your claim for (including all expenses)
- short statement of facts surrounding the circumstances of the case (including dates and locations)
The court allows a plaintiff to file a complaint through the mail, but a plaintiff should file it in person so the court clerk can notify you if there are any problems with your complaint. While at the courthouse, the plaintiff can pay the filing fees. The plaintiff will also have to pay for a cost to serve the defendant. A Defendant can be served by certified mail or in person by a deputy sheriff or constable. Personal service can be more expensive than certified mail but can be quicker than certified mail.
Types of Cases in Forest County Small Claims Court
A Magisterial District Judge generally hears negligence and breach of contract actions with respect to civil cases. A contract is where two parties enter into an agreement (either written or oral). Contracts are used in many situations including:
- homeowners and contractors to make repairs
- insurance companies to provide insurance 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 usually arise in an automobile accident or other times where someone sustains personal injuries or property damage.
After the Judge Makes a Decision
If the plaintiff prevails, the defendant may arrange to make payments on a twelve month installment plan (which will be set by the judge). 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.
Small Claims Court in Forest County
Types of Cases Handled by a Magisterial District Judge in Forest County
Magisterial District Judges are judges elected by the people of their district to handle criminal preliminary arraignments and preliminary hearings, summary criminal offenses, traffic offenses, municipal code violations, landlord / tenant actions, and civil actions where the damages do not exceed $12,000 (commonly known as small claims court).
Magisterial District Court in Forest County
Forest County has 2 Magisterial Districts which are:
37-4-03
The Magisterial District Judge for 37-4-03 is Daniel L. Miller . The 37-4-03 Magisterial District courthouse is located at:
271 Oak Lane PO Box 425 Marienville, PA 16239 The phone number for 37-4-03 Magisterial District is: 814-927-8585. The fax number for 37-4-03 Magisterial District is: 814-927-8966.
37-4-93
The Magisterial District Judge for 37-4-93 is Daniel L. Miller . The 37-4-93 Magisterial District courthouse is located at:
Forest County Courthouse 526 Elm Street, #7 Tionesta, PA 16353The phone number for 37-4-93 Magisterial District is: 814-755-3579. The fax number for 37-4-93 Magisterial District is: 814-755-3530.