In Pennsylvania, which court handles your case, small claims court, arbitration, or the Court of Common Pleas, comes down to one number: how much money is in dispute. Disputes of $12,000 or less go to small claims court. Cases between $12,000 and $50,000 go through mandatory arbitration. Anything over $50,000 goes to the Court of Common Pleas.
How Much Money Determines Which Pennsylvania Court You Use
How much money is in dispute is the first thing that determines which Pennsylvania court applies to your case. It’s usually the first question asked when someone calls about a dispute, because it makes a real difference in where the case belongs.
If you’re disputing $12,000 or less, you belong in small claims court. Cases over $12,000 but under $50,000 are subject to mandatory arbitration in Pennsylvania. Anything over $50,000 gets filed in the Court of Common Pleas.
What Is Small Claims Court in Pennsylvania?
Small claims court is a local court you can look up online, depending on which county you’re in. Each county in Pennsylvania typically has multiple small claims courts.
You can file your own complaint in small claims court, and you don’t need to be represented by an attorney. You show up, bring your evidence, and plead your case to the judge, who hears both sides and makes a determination.
Most people compare small claims court to Judge Judy or the People’s Court.
Do You Need a Lawyer for Small Claims Court?
Some people want an attorney for small claims court, but more often than not, you don’t need one.
What matters most is knowing your damages upfront, since that’s what determines which of these three Pennsylvania courts applies to your case. For damages under $12,000, self-representing in small claims court might be the more practical option. Kaminsky Law is happy to help or give advice, but for a case under $12,000, using a lawyer isn’t economically reasonable.
What Is Mandatory Arbitration in Pennsylvania?
The next level of court up from small claims court is arbitration. Arbitration covers cases over $12,000 but under $50,000, and that range subjects cases to mandatory arbitration in Pennsylvania.
If you’re suing for an amount in that range, for example $20,000, $30,000, $40,000, or $45,000, you follow the same filing process as the Court of Common Pleas, but it’s streamlined. That means streamlined discovery and a streamlined process, meant to keep costs down because the matter is arbitrated rather than fully litigated in front of a jury.
For a case in the $20,000 to $50,000 range, Kaminsky Law can help streamline the process through arbitration.
What Is the Court of Common Pleas?
The next level of court up from arbitration is the Court of Common Pleas. Each Pennsylvania county has its own Court of Common Pleas; examples include the Philadelphia Court of Common Pleas, Bucks County, and Montgomery County.
The Court of Common Pleas typically hears an appeal from a small claims court decision or an arbitration decision. A case involving more than $50,000 also gets filed in the Court of Common Pleas.
In the Court of Common Pleas, you’re subject to the entire legal process, which can get expensive, costing in the tens of thousands of dollars. That process will be longer and more expensive.
What Is Equitable Relief?
Equitable relief is when you ask the court to compel an order, or make someone do something, rather than asking for money. If you’re seeking equitable relief, or your case involves more than $50,000, you typically have to go to the Court of Common Pleas.
Small Claims, Arbitration, and Common Pleas FAQ
How much can I sue for in small claims court in Pennsylvania?
You can bring a claim in Pennsylvania small claims court for $12,000 or less. It’s a local court you can look up online based on your county. Cases over $12,000 but under $50,000 go through mandatory arbitration instead, and cases over $50,000 are filed in the Court of Common Pleas.
Do I need a lawyer for small claims court?
More often than not, you don’t need one. You can file your own complaint in small claims court and plead your own case without being represented by an attorney. For a case under $12,000, Kaminsky Law says hiring a lawyer isn’t economically reasonable.
What is mandatory arbitration in Pennsylvania?
Mandatory arbitration applies to Pennsylvania cases over $12,000 but under $50,000. It follows the same filing process as the Court of Common Pleas, but with streamlined discovery and a streamlined process, which keeps costs down because the matter is arbitrated rather than fully litigated in front of a jury.
What is the difference between arbitration and the Court of Common Pleas?
Arbitration covers cases between $12,000 and $50,000, and follows a streamlined version of the filing process. The Court of Common Pleas handles cases over $50,000, or appeals from small claims court or arbitration, and subjects you to the entire legal process, which can get expensive.
When does a case go to the Court of Common Pleas?
A case goes to the Court of Common Pleas if it involves more than $50,000, or if you’re seeking equitable relief, meaning you’re asking the court to compel an order or make someone do something rather than asking for money. The Court of Common Pleas also typically hears appeals from small claims court or arbitration decisions.
What is equitable relief?
Equitable relief is when you ask the court to compel an order, or make someone do something, rather than asking for money. Cases seeking equitable relief typically have to go to the Court of Common Pleas.
Can I appeal a small claims court or arbitration decision?
Yes. The Court of Common Pleas typically hears appeals from a small claims court decision or an arbitration decision.
Is a consultation with Kaminsky Law free?
Yes, consultations at Kaminsky Law are always free. If you have questions about which Pennsylvania court fits your case, small claims court, arbitration, or the Court of Common Pleas, reach out and talk it through.
Talk to Kaminsky Law
Knowing your damages, and whether you’re asking for money or for the court to make someone do something, is the first step toward figuring out which Pennsylvania court fits your case. Kaminsky Law is happy to help walk through that, and consultations are always free.
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This article is general information based on a recorded discussion. It is not legal advice and does not create an attorney client relationship. Every case is different. Prior results do not guarantee a similar outcome. For advice about your situation, contact Kaminsky Law directly.
