How to Fill Out a Magisterial District Court Complaint
Suing in the Magisterial District Courts in Pennsylvania is a very user-friendly way to bring a lawsuit without the help of an attorney. You may sue for up to twelve thousand (12,000) dollars in the MDJ, which is Pennsylvania’s version of “small claims court.” The benefits to doing so include a prompt trial date within thirty (30) days, and a resolution right on the spot at the end of a civil trial. The drawbacks to an MDJ complaint include that you are unable to obtain discovery from the other side, and also that it can be appealed by either side within thirty (30) days. In short, while swift, the resolution is not always final.
If you wish to file a complaint in the Magisterial District Court, you only have to pay the filing fee and fill out the MDJ complaint form linked below. In this article below, we will go through each part of the form so that you can better understand what you need to fill out in order to bring a lawsuit.
Plaintiff and defendant
The first thing you will need to put in are the parties. The Plaintiff is the person suing (hint: that’s you or your company) and the defendant is the person you are suing (obviously you know who that is already). Be sure to list everyone that you want to sue and pursue a judgement against. If it’s a company that you’re dealing with, make sure you have the corporate name correct. If you’re suing based on a contract, look at who actually signed the contract.
Narrative
In this section, you will need to say what you are suing for. Explain your cause of action, the facts that gave rise to it, and any legal theories you think the judge needs to consider. Obviously, this is a fairly small space, so you just need to give a fairly clear indication of what you are suing about. You can attach an exhibit with more information, but less is more. The judge only needs enough to know why you’re suing, and you’ll have the chance to explain in more detail at the hearing.
This is also where a little legal research may help. You may wish to carefully consider, with the help of an attorney, whether any of your claims are entitled to additional damages pursuant to statute or whether other costs or fees, such as those paid for an attorney, are reimbursable.
How much?
In this space, you will need to show the damages that you are seeking. You can seek up to twelve Thousand (12,000) dollars in the Magisterial District Court. If you believe that you are owed more than that, you will either need to file in the Court of Common Pleas or give up part of your claim to get the suit under twelve thousand dollars.
Sign it!
Down here is where you will need to sign the form saying that you believe that the facts are true to the best of your knowledge. Be aware that signing here does subject you to a perjury claim if you have lied intentionally about anything on the form.
Conclusion
If you need help filling out an MDJ form or if you wish to hire a lawyer to help you with the small claims process, call Cornerstone Law Firm for a consultation. We will be happy to talk to you about your options and walk you through the next steps in the process.