Should I File in Montgomery County Magisterial District Court
A claim of $12,000 or less is also able to be filed in Common Pleas Court. However, the Magisterial District Court is not as formal and is cheaper than a case in common pleas court. Also, you need an attorney to file your case in common pleas court. An attorney is not required at the Magisterial District Court.
Montgomery County Magisterial Districts
Montgomery County has 30 Magisterial Districts which are:
38-1-01
The Magisterial District Judge for 38-1-01 is Marc A. Alfarano . The 38-1-01 Magisterial District courthouse is located at:
160 West Germantown Pike, Suite D5 Norristown, PA 19401 The phone number for 38-1-01 Magisterial District is: 610-272-3029. The fax number for 38-1-01 Magisterial District is: 610-272-5080.
38-1-02
The Magisterial District Judge for 38-1-02 is Elizabeth A. McHugh Casey . The 38-1-02 Magisterial District courthouse is located at:
Station Mews 7804 Montgomery Avenue Elkins Park, PA 19027The phone number for 38-1-02 Magisterial District is: 215-635-1535. The fax number for 38-1-02 Magisterial District is: 215-635-2256.
38-1-03
The Magisterial District Judge for 38-1-03 is Christopher J. Cerski . The 38-1-03 Magisterial District courthouse is located at:
117 York Road, Suite 100A Jenkintown, PA 19046The phone number for 38-1-03 Magisterial District is: 215-885-4796. The fax number for 38-1-03 Magisterial District is: 215-884-6530.
38-1-04
The Magisterial District Judge for 38-1-04 is John D. Kessler . The 38-1-04 Magisterial District courthouse is located at:
1150 Old York Road Abington, PA 19001The phone number for 38-1-04 Magisterial District is: 215-887-2362. The fax number for 38-1-04 Magisterial District is: 215-887-2364.
38-1-05
The Magisterial District Judge for 38-1-05 is Juanita A. Price . The 38-1-05 Magisterial District courthouse is located at:
117 Old York Road Suite 100 Jenkintown, PA 19046The phone number for 38-1-05 Magisterial District is: 215-885-4120. The fax number for 38-1-05 Magisterial District is: 215-885-2190.
38-1-06
The Magisterial District Judge for 38-1-06 is Henry J. Schireson . The 38-1-06 Magisterial District courthouse is located at:
925 Montgomery Avenue, Suite 100 Narberth, PA 19072The phone number for 38-1-06 Magisterial District is: 610-664-5262. The fax number for 38-1-06 Magisterial District is: 610-667-3120.
38-1-07
The Magisterial District Judge for 38-1-07 is Michael P. Quinn . The 38-1-07 Magisterial District courthouse is located at:
116A Cricket Avenue Ardmore, PA 19003The phone number for 38-1-07 Magisterial District is: 610-896-8585. The fax number for 38-1-07 Magisterial District is: 610-896-8601.
38-1-08
The Magisterial District Judge for 38-1-08 is Katherine E. McGill Magid . The 38-1-08 Magisterial District courthouse is located at:
1316 Bruce Road Oreland, PA 19075The phone number for 38-1-08 Magisterial District is: 215-572-7845. The fax number for 38-1-08 Magisterial District is: 215-572-7891.
38-1-09
The Magisterial District Judge for 38-1-09 is William I. Maruszczak . The 38-1-09 Magisterial District courthouse is located at:
168 Allendale Road First floor King of Prussia, PA 19406The phone number for 38-1-09 Magisterial District is: 610-265-3950. The fax number for 38-1-09 Magisterial District is: 610-265-8932.
38-1-10
The Magisterial District Judge for 38-1-10 is Patricia A. Zaffarano . The 38-1-10 Magisterial District courthouse is located at:
1301 South Bethlehem Pike Ambler, PA 19002The phone number for 38-1-10 Magisterial District is: 215-542-1262. The fax number for 38-1-10 Magisterial District is: 215-646-3588.
38-1-11
The Magisterial District Judge for 38-1-11 is Scott T. Palladino . The 38-1-11 Magisterial District courthouse is located at:
1 Security Plaza, Suite 101 Pottstown, PA 19464The phone number for 38-1-11 Magisterial District is: 610-326-9271. The fax number for 38-1-11 Magisterial District is: 610-326-4179.
38-1-12
The Magisterial District Judge for 38-1-12 is Edward C. Kropp . The 38-1-12 Magisterial District courthouse is located at:
One Security Plaza, Suite 102 Pottstown, PA 19464The phone number for 38-1-12 Magisterial District is: 610-326-9274. The fax number for 38-1-12 Magisterial District is: 610-326-8136.
38-1-13
The Magisterial District Judge for 38-1-13 is Francis J. Bernhardt . The 38-1-13 Magisterial District courthouse is located at:
Building B, Suite 101 625 West Ridge Pike Conshohocken, PA 19428The phone number for 38-1-13 Magisterial District is: 610-828-0278. The fax number for 38-1-13 Magisterial District is: 610-828-6722.
38-1-14
The Magisterial District Judge for 38-1-14 is Paul N. Leo . The 38-1-14 Magisterial District courthouse is located at:
420 South York Road, Condo C-F Hatboro, PA 19040The phone number for 38-1-14 Magisterial District is: 215-957-5935. The fax number for 38-1-14 Magisterial District is: 215-957-5937.
38-1-15
The Magisterial District Judge for 38-1-15 is Francis J. Lawrence . The 38-1-15 Magisterial District courthouse is located at:
601 Dekalb Street, 1st Floor, Suite 300 Norristown, PA 19401The phone number for 38-1-15 Magisterial District is: 610-279-3332. The fax number for 38-1-15 Magisterial District is: 610-279-3010.
38-1-16
The Magisterial District Judge for 38-1-16 is Margaret A. Hunsicker-Fleischer . The 38-1-16 Magisterial District courthouse is located at:
601 Dekalb Street, 1st Floor, Suite 200 Norristown, PA 19401The phone number for 38-1-16 Magisterial District is: 610-279-6226. The fax number for 38-1-16 Magisterial District is: 610-279-2423.
38-1-18
The Magisterial District Judge for 38-1-18 is Andrea D. Duffy . The 38-1-18 Magisterial District courthouse is located at:
271 Bethlehem Pike Suite 105 Colmar, PA 18915The phone number for 38-1-18 Magisterial District is: 215-855-3946. The fax number for 38-1-18 Magisterial District is: 215-855-1975.
38-1-19
The Magisterial District Judge for 38-1-19 is Richard H. Welsh . The 38-1-19 Magisterial District courthouse is located at:
The phone number for 38-1-19 Magisterial District is: 610-495-8440. The fax number for 38-1-19 Magisterial District is: 610-495-8442.
38-1-20
The Magisterial District Judge for 38-1-20 is Cathleen Kelly Rebar . The 38-1-20 Magisterial District courthouse is located at:
133 Level Road Collegeville, PA 19426The phone number for 38-1-20 Magisterial District is: 610-409-2515. The fax number for 38-1-20 Magisterial District is: 610-409-2517.
38-1-21
The Magisterial District Judge for 38-1-21 is Suzan Leonard . The 38-1-21 Magisterial District courthouse is located at:
Blue Bell West 653 Skippack Pike, Suite 101 Blue Bell, PA 19422The phone number for 38-1-21 Magisterial District is: 215-646-8201. The fax number for 38-1-21 Magisterial District is: 215-646-4156.
38-1-22
The Magisterial District Judge for 38-1-22 is Harry J. Nesbitt . The 38-1-22 Magisterial District courthouse is located at:
903 Sheehy Drive, Suite A Horsham, PA 19044The phone number for 38-1-22 Magisterial District is: 215-675-2040. The fax number for 38-1-22 Magisterial District is: 215-675-2344.
38-1-23
The Magisterial District Judge for 38-1-23 is Deborah A. Lukens . The 38-1-23 Magisterial District courthouse is located at:
4002 Center Avenue Lafayette Hill, PA 19444The phone number for 38-1-23 Magisterial District is: 610-828-5226. The fax number for 38-1-23 Magisterial District is: 610-828-0446.
38-1-24
The Magisterial District Judge for 38-1-24 is Albert J. Augustine . The 38-1-24 Magisterial District courthouse is located at:
840 Harleysville Pike, Suite 2 Harleysville, PA 19438The phone number for 38-1-24 Magisterial District is: 610-584-4732. The fax number for 38-1-24 Magisterial District is: 610-584-4751.
38-1-25
The Magisterial District Judge for 38-1-25 is James P. Gallagher . The 38-1-25 Magisterial District courthouse is located at:
128 West 4th Street Bridgeport, PA 19405The phone number for 38-1-25 Magisterial District is: 610-277-3377. The fax number for 38-1-25 Magisterial District is: 610-277-3379.
38-1-28
The Magisterial District Judge for 38-1-28 is Edward J. Levine . The 38-1-28 Magisterial District courthouse is located at:
430-440 Pennbrook Parkway Lansdale, PA 19446The phone number for 38-1-28 Magisterial District is: 215-393-7534. The fax number for 38-1-28 Magisterial District is: 215-393-7536.
38-2-02
The Magisterial District Judge for 38-2-02 is Maureen C. Coggins . The 38-2-02 Magisterial District courthouse is located at:
Hanover Square 80-H Gravel Pike, Suite 100 Red Hill, PA 18076The phone number for 38-2-02 Magisterial District is: 215-679-5811. The fax number for 38-2-02 Magisterial District is: 215-679-7561.
38-2-03
The Magisterial District Judge for 38-2-03 is Maurice H. Saylor . The 38-2-03 Magisterial District courthouse is located at:
1881 Swamp Pike Gilbertsville, PA 19525The phone number for 38-2-03 Magisterial District is: 610-326-1145. The fax number for 38-2-03 Magisterial District is: 610-326-6513.
38-2-04
The Magisterial District Judge for 38-2-04 is Karen Eisner Zucker . The 38-2-04 Magisterial District courthouse is located at:
925 Montgomery Avenue, Suite 200 Narbeth, PA 19072The phone number for 38-2-04 Magisterial District is: 610-668-1201. The fax number for 38-2-04 Magisterial District is: 610-668-1204.
38-2-08
The Magisterial District Judge for 38-2-08 is Jay S. Friedenberg . The 38-2-08 Magisterial District courthouse is located at:
102 York Road, Suite 100 Willow Grove, PA 19090The phone number for 38-2-08 Magisterial District is: 215-659-6840. The fax number for 38-2-08 Magisterial District is: 215-659-6903.
38-2-09
The Magisterial District Judge for 38-2-09 is Gregory Scott . The 38-2-09 Magisterial District courthouse is located at:
601 Dekalb Street, Suite 100 Norristown, PA 19401The phone number for 38-2-09 Magisterial District is: 610-945-9156. The fax number for 38-2-09 Magisterial District is: 610-994-2882.
Small Claims Court Hearings in Montgomery County Magisterial District Court
After the claim is filed, the clerk will usually set a hearing between 12 and 60 days 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. At the hearing, there will usually be the judge, clerk, plaintiff, defendant, and any witnesses for both sides. 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). At the beginning of the hearing, the Magisterial District Judge will explain the procedures. Both parties will be sworn in to provide testimony. During the hearing, the plaintiff will be given an opportunity to testify about what happened that caused the plaintiff to file the claim. During this time, the plaintiff should present any evidence supporting the case including paperwork, receipts, records, photographs, or videos of the case. The court will then give the Defendant a chance to ask questions to 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 be given the chance to ask questions of these witnesses as well. 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 judge will also give the defendant a chance to have any witnesses that he or she brought to present testimony as well. Once all the evidence has been presented, the judge will either make a decision at the hearing or within five days.
Where Can a Small Claims Court Case Be Filed?
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 happened
- the property that the case is about is located
The plaintiff should contact the Magisterial District Court clerk to ensure it is the proper court for the case. You should also contact them to determine what the filing fee will be. You will pay the filing fee when you file the Complaint with the court. The plaintiff needs to complete the form “Civil Complaint.” 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.
Montgomery County Small Claims Court
After the Judge Makes a Decision
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 file an appeal at the 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 will be served on the Magisterial District Judge who made the decision along with 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.
Types of cases handled in Small Claims Court in Montgomery County
Two types of civil cases are generally heard in Magisterial District Court in Montgomery County: negligence and contract actions. A contract is where two parties enter into an agreement (either written or oral). Contracts are used frequently and arise in many contexts including:
- contractors and homeowner to make improvements
- insurance companies and their insureds to provide services
- credit card companies when providing credit to consumers
Breach of contract is where a party to a contract either doesn’t pay or doesn’t perform what they are supposed to 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. These actions usually include traffic accidents or other types of situations resulting in personal injury or property damage.
Before Filing a Small Claims Court Claim in Montgomery County
Before you file a claim, you should send a letter to the defendant demanding payment (or whatever property you are seeking). A demand letter can be the cheapest and quickest way of resolving your situation. Be sure to include a deadline that is reasonable in your demand letter. 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 Magisterial Court cannot accept a post office box. 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. The plaintiff should have the following information available before heading to the courthouse to complete the claim:
- plaintiff’s name and address
- name and address of the person you want to sue
- 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. Additionally, you can pay the filing costs in person (which can be recovered if you prevail in your lawsuit). In addition to the filing fee, the plaintiff will have to pay a fee to have the Defendant served. A Defendant can be served by certified mail or in person by a deputy sheriff or constable. Service by certified mail is cheaper but might not be as quick as personal service by a sheriff or constable.
What is a Magisterial District Judge?
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).