.jpg){kind=link}
In Philadelphia, small claims go to the Civil Division of Philadelphia Municipal Court, which hears money disputes up to $12,000 [1]. Filing and hearings happen in one building, 1339 Chestnut Street (the Widener Building): you file on the 10th floor and your hearing is on the 6th [1][2]. Here’s how a case runs, from the fee sheet to collecting what you win.
At a glance
- Limit
- $12,000 [1]
- Where to file
- First Filing Unit, 1339 Chestnut St., 10th floor, Room 1000 [2]
- Filing fee, one Philadelphia defendant
- $94.75 up to $2,000; $116.75 above [3]
- Hearings
- 6th floor, 1339 Chestnut St. [1]
- Postpone
- In writing, at least 10 days before [1]
- Appeal
- Within 30 days, to the Court of Common Pleas [4]
- Lawyer needed?
- No [1]
Does my case fit Philadelphia small claims?
Your filing checklist
Uses the $12,000 limit cited above (not counting court costs and, in most places, interest). Some kinds of cases can't go to small claims court at all; the guide above lists them. General information, not legal advice.
What the court can and can’t do
Small claims are disagreements about money one person owes another, up to $12,000 [1]. The court lists examples such as contract disputes, personal injury (like a dog bite), debt and loan collection, a bad car repair, and a landlord who won’t return a security deposit [1]. It sorts cases into two types: contract actions and negligence actions [1].
The court can’t:
- hear cases against Commonwealth parties such as SEPTA [1]; or
- order someone to do something, like give back property or make repairs. It can only award money [1].
Filing a case
The court is accepting new cases in person, and appointments are preferred. For questions about a new case, call 215-686-7988 [2].
In person. Go to the First Filing Unit, 1339 Chestnut Street, 10th floor, Room 1000. Court interviewers help you fill out the paperwork, but they can’t give legal advice [2]. Someone else can file for you if you complete the Authorized Representative Form first [2].
By mail. Type the Statement of Claim packet, add an Affidavit of Non-Military Service for each individual you’re suing (not needed for a business), copies of your documents, the fee and a self-addressed stamped envelope, and mail it to the First Filing Department at 1339 Chestnut Street, Philadelphia, PA 19107. You can call 215-686-7988 to check that your papers and fee are right [2].
Before you file:
- Use the other side’s exact name, without titles like Mr. or Ms., and a street address; P.O. boxes aren’t accepted [2]. For a business, check its correct legal name with the Pennsylvania Corporation Bureau [2].
- If you represent a company, you must be an executive officer (president, vice president, secretary or treasurer) and bring proof [2].
- Gather two copies of your evidence, one for the court and one for the other side: contracts, emails and texts, photos, invoices, estimates, canceled checks; for injuries, bills from licensed providers [2].
- The court suggests considering mediation first; Good Shepherd can help [2].
What it costs
| Amount claimed | One defendant in Philadelphia (service included) | Defendant outside Philadelphia, or private service |
|---|---|---|
| $0 to $2,000 | $94.75 | $67.75 |
| $2,000.01 to $12,000 | $116.75 | $89.75 |
| Each additional defendant | $5.50 per name (except husband and wife), plus $27 per extra Philadelphia service | $5.50 per name, plus $45 per service elsewhere in Pennsylvania |
The court takes money orders, business checks and attorney checks, made out to The Office of Judicial Records; it doesn’t accept personal checks [2]. If you can’t afford the fee, file a Petition to Proceed In Forma Pauperis; a judge decides based on your income and expenses [2].
Need documents the other side won’t hand over? A subpoena form gets a court seal at the First Filing Unit for $3.30, paid by cash, credit or debit card [2].
If you’re the one being sued
The Statement of Claim you received lists the date, time and courtroom of your hearing under “Summons to the Defendant” [1].
- Want to fight it? Mail the Notice to Defend in the envelope that came with it to the person suing you at least 5 days before the hearing, and bring a copy. If no envelope came with it, you can still contest the case at the hearing [1].
- The court doesn’t accept an Answer, New Matter or Preliminary Objections [1].
- Have your own claim against them? Call the First Filing Unit at 215-686-7988 as soon as possible about a counterclaim [1].
- Wrong court? If you don’t live in Philadelphia or the claim is over $12,000, call Court Administration at 215-686-2910 right away [1].
The hearing
Hearings are in a courtroom on the 6th floor of the Widener Building, 1339 Chestnut Street [1]. The court asks you to [4]:
- arrive at the courtroom at least 15 minutes early, after security and elevators, and plan to be there one to three hours;
- bring three printed copies of every document and photo, for you, the court and the other side, since some judges won’t look at a phone; and
- send any documents you didn’t file with the case to the other side and the court at least 10 days before the hearing.
If you’re late or don’t show up, you can lose automatically by default judgment [1][4].
Mediation first. On hearing day, court mediators can help both sides reach an agreement. Agreements are written, signed by both sides and permanent, so don’t sign one you don’t fully understand. Without an agreement, you’ll see a judge, possibly on another day [4].
Postponing. Ask in writing at least 10 days before the hearing, giving your reason, case number and phone number. Send it to the Deputy Court Administrator, 1339 Chestnut Street, Room 1020, by mail, to mcclaims@courts.phila.gov or by fax to 215-569-9254, and copy the other side. Later than that, you must appear in person and ask the judge, after telling the other side you’ll ask [4].
After the decision
Missed the hearing? If you had a good reason and act quickly, file a Petition to Open Default Judgment with the Second Filing Unit, 10th floor, 1339 Chestnut Street; call 215-686-7983 or 215-686-7980 [4].
Appealing. You have 30 days after the hearing. File a Notice of Appeal with the Prothonotary, Room 296, City Hall, and serve the other side within 20 days. An appeal stops the winner from collecting while it’s pending, and the case starts over in the Court of Common Pleas. Because Common Pleas has strict rules, the court strongly recommends a lawyer [4].
Collecting. Winning doesn’t put money in your account. To collect, file a Praecipe for Writ of Execution with the Judgment and Petitions Unit on the 10th floor (215-686-7987), then take the sealed packets to the Philadelphia Sheriff’s Office, 100 South Broad Street, 5th floor, and pay the sheriff’s fee [4]. A writ can reach bank accounts, real estate or other property [4].
Free and low-cost legal help
You don’t need a lawyer for Municipal Court [1]. If you want one, the Philadelphia Bar Association’s Lawyer Referral and Information Service is at 215-238-6333, and you may qualify for free help [1]. For how small claims work in the rest of the state, see BestPennsylvania’s Pennsylvania small claims court guide.
This guide is general information, not legal advice for your situation.
Sources
- Philadelphia Municipal Court, Civil Division: Small Claims Cases
- Philadelphia Municipal Court, Civil Division: Starting a Small Claims Case
- Philadelphia Municipal Court: Filing Fees (small claims, landlord-tenant, petitions, miscellaneous)
- Philadelphia Municipal Court, Civil Division: Going to a Small Claims Hearing
Next steps
PhiladelphiaBest has a business relationship with these companies, and we may earn money if you use them. How we make money
Credit repair company
Credit Saint
If an old debt or another item on your credit report looks wrong, Credit Saint can help you challenge it with the credit bureaus.
You can also dispute errors yourself, for free, with Equifax, Experian and TransUnion. No company can legally remove accurate, timely information, and results vary.
Learn about Credit Saint →Free financial app
Bolster
Bolster is a free app for keeping an eye on your credit and building credit history over time.
Check the app's terms for any optional paid features.
See Bolster →Credit monitoring and credit builder
Credit Squad
Credit Squad watches your credit and identity and alerts you to changes. Its credit builder, included with every plan, reports your monthly payment to all three credit bureaus as an on-time installment payment.
Paid monthly subscription; see Credit Squad's site for current plans and terms. Credit building depends on on-time payments, and results vary.
See Credit Squad →Legal help by membership
LegalShield
LegalShield is a membership that gives you access to licensed attorneys for personal legal questions, like a landlord dispute, a small claims case or reviewing a document.
Monthly membership; what's covered depends on the plan and your state. We may earn a commission through our partner BestGuide.
See LegalShield plans →Common questions
How much does it cost to file small claims in Philadelphia?
On Philadelphia Municipal Court's posted fee sheet, a small claim against one defendant served in Philadelphia costs $94.75 for up to $2,000 and $116.75 for $2,000.01 to $12,000, service included. If the defendant is outside Philadelphia or you use private service, it's $67.75 or $89.75, plus $45 for each service elsewhere in Pennsylvania. You can ask the judge to waive fees with a Petition to Proceed In Forma Pauperis.
Where do I file a small claims case in Philadelphia?
At the Municipal Court's First Filing Unit, 1339 Chestnut Street, 10th floor, Room 1000. The court is taking new cases in person, and appointments are preferred; call 215-686-7988. You can also file by mail with the Statement of Claim packet, the fee and a self-addressed stamped envelope.
What if I can't make my Philadelphia small claims hearing?
Ask the court in writing at least 10 days before the hearing for a continuance, with your reason, case number and phone number, by mail to Room 1020 at 1339 Chestnut Street, by email to mcclaims@courts.phila.gov or by fax, and send a copy to the other side. If you miss or are late to the hearing, you can lose by default judgment.
How do I appeal a Philadelphia small claims decision?
File a Notice of Appeal with the Prothonotary, Room 296 of City Hall, within 30 days after the hearing, and serve the other side within 20 days. The case starts over in the Court of Common Pleas, which has strict rules, so the court strongly recommends getting a lawyer.