General |
Q.How can I locate an attorney? |
A.Call the Pennsylvania Bar Association Lawyer Referral Service toll free at 800-692-7375 or check the yellow pages under "attorneys" for more details. Franklin County Legal Services (717.264.5354) may be a resource for you. |
Q.What are the requirements for bringing suit before a District Judge? |
A.You may file a suit with a district judge at the Magisterial District Court if you have a complaint against a person or business and wish to recover an amount of money totaling $12,000 or less. This is called a civil lawsuit. Amounts over $12,000 must be filed at the Common Pleas Court. |
Q.Can the District Judge order my property be returned? |
A.No. The District Court can not order the return of property. If this is what you seek you must go to the Common Pleas Court. |
Q.Which District Court should I file my suit? |
A.If you decide to sue in a District Court, you must decide with which district court you must file your suit. There are rules that govern where a suit may be filed. Generally, the suit must be filed where the person you are suing lives or is located, or where your claim arose. The District Court closest to you can tell you if the suit is within that district. Landlord Tenant complaints are filed where the property is located. |
Q.How should I start a law suit? |
A.Once you have found the correct office, the next step is to file a complaint on a standard form you can obtain from the District Court. The form is easy to complete. The important items on the form are: (1)Your name, address, and telephone number; (2)The name and address of the person or business you want to sue; (3)The amount of money you are suing for; and a short statement of why you believe you are entitled to the money. NOTE: Be sure to provide enough information so the person you are suing knows why he or she is being sued. |
Q.How is the other party notified? |
A.You can request that the complaint be sent by certified mail or the complaint can be delivered by a constable for an additional fee which can be recovered if you win the suit. |
Q.Do I need to appear if the Defendant has not entered a defense? |
A.No. If a defense is entered, you will be notified by the District Court and you will need to appear.. If no defense is entered by that set date a default judgment will be entered in your favor. |
Q.Can I get a continuance of the trial/hearing? |
A.Continuances are permitted at the discretion of the judge. You must file a written request at least 48 hours prior to your court date justifying the need for a continuance that may be granted or denied. |
Q.What happens at the trial? |
A.At the trial, those present will be the judge, you (the plaintiff), your witnesses, and your lawyer if you choose to have one, the defendant, defense witnesses, and possibly the defendant's lawyer. The courtroom will always be open to the public. During the trial, you will be given an opportunity to tell what happened that caused you to sue the defendant. Show any papers, bills, receipts, or letters you have to the judge. You may be asked questions by the defendant, or defendant's lawyer, or by the judge. Then your witnesses will be allowed to tell what they know about the case. The defendant will be given the same opportunity, and you or your attorney may ask questions of the defendant and his witnesses. The judge's decision will be made within five days of the trial and all parties are notified by mail. |
Q.What happens after the decision? |
A.The MDJ's decision can be appealed within 30 days by either party. A Notice of Appeal is filed with the Prothonotary in the Franklin County Courthouse, and then case will heard in Common Pleas Court. Since the procedure of this court is governed by more formal rules, the presence of an attorney is strongly advised. |
Q.How do I proceed if no appeal is filed? |
A.If your suit was successful and after 30 days you still have not collected your money, you may ask the MDJ to issue an Order of Execution. This involves filling out a form at the district court. The MDJ signs an order which permits a constable to levy on property, which means that property of the defendant can be sold to pay the debt. However, it may be difficult to collect payment from someone who has no property or money. Or, you may ask for the judgment to be certified for filing in the Common Pleas Court. |
Q.Can District Judge and/or staff provide legal assistance or guidance? |
A.NO. The District Judge and staff are prohibited from giving such advice. The MDJ and staff can provide some limited guidance/instruction regarding the manner of completing some of the forms which must be completed and filed in the District Courts. Litigants should refer such inquiries to their attorney. |
Traffic and Non Traffic Citations |
Q.What is a summary offense? |
A.A summary offense is any minor crime, initially heard and decided by a district judge. Many violations of the Motor Vehicle Code are summary offenses. However, driving under the influence of alcohol or drugs is not a summary offense, it is a misdemeanor, which is a more serious crime. Non-traffic summary offenses include disorderly conduct, underage drinking, harassment, criminal mischief and first offense shoplifting. |
Q.What Is A Citation? |
A.A citation contains a brief statement of the facts of the incident, and a specifically states the section of the law that is supposed to have been violated. It also contains instructions on what must be done to respond to the citation. |
Q.I received a citation, now what do I do? |
A.If you receive a citation, within 10 days either plead guilty and pay the fine, or plead not guilty and request a hearing by submitting collateral in the amount of the citation. If no amount is stated on the citation, collateral is $50. If you fail to respond to the citation, you can be arrested and brought to court and, in cases involving traffic citations, your license may be suspended. |
Q.What If Some Of The Information In The Citation Is Wrong? |
A.If the incorrect information is minor, such as a misspelled name, the mistakes will probably not invalidate the citation. If the mistake is major, such as listing the wrong section of the law claimed to have been violated, then the citation may be invalid if prejudice can be shown. |
Q.What If I Do Not Respond To A Citation? |
A.If you do not answer a citation within 10 days, you can be arrested. This arrest is usually made by a local constable. When the constable appears with the arrest warrant, you can avoid arrest by 1) paying the amount of the fine plus an additional $7 and costs as security for your appearance at a hearing; or 2) pleading guilty and paying the fine and costs. The constable will return the warrant and the security money to the magisterial district judge, who will then send out a notice of the date and time of the hearing to you and the police if a not-guilty plea has been made. If you do not pay the security money to the constable, you can be arrested and taken before the magisterial district judge. |
Q.What If I Request A Summary Trial? |
A.When you request a hearing, the magisterial district judge will send notices to you and the police of the date and time of the hearing. You have the right to be represented by your own lawyer at the hearing. At the hearing, the police officer and other witnesses for the prosecution will testify, then you or your attorney may ask questions of the police or others who testify against you. You can then produce your own witnesses and testify yourself if you wish to do so. The police or district attorney can question you or any of your witnesses. The police can then introduce any additional evidence to contradict or disprove what you or your witnesses said. Finally, each side is given the opportunity to make any concluding statements or arguments to the magisterial district judge. The magisterial district judge will then decide the case. If you are found not guilty, all security you posted will be returned to you. If you are found guilty, the security will go toward paying the amount of the fine and costs. |
Q.What If I Fail To Appear At The Summary Trial? |
A.Once you have requested a summary trial, it will be held whether you are there or not you appear, unless a continuance has been approved by the magisterial district judge. |
Q.Can I appeal? |
A.If you are found guilty of or plead guilty to a summary offense, you can appeal to the common pleas court within 30 days for a new trial. |
If you want further advice about handling a summary charge, you should contact a lawyer. A conviction may result in the assignment of points or a suspension of your driver's license. The aid of an attorney is also advised in many cases involving non-traffic summary offenses.
