Municipal Court - Civil Division

Getting Ready for Your Hearing

• Make sure you know the time, date, and place of your hearing.
• Landlord-Tenant hearings happen on the 6th Floor of 1339 Chestnut Street. It’s also called the Widener Building and is southeast of City Hall.
• You can find the date, courtroom, and time of the hearing on The Statement of Claim, the original filing. You can also search for this information on our list of cases.
• If you don’t show up, you could lose. This is called a Default Judgment.
• Come to court early so you have time to go through security and find the right room.
• Prepare your documents if your hearing is in Courtrooms 2, 3, 4, or 6.
• Bring letters, canceled checks, bills of sale, contracts, agreements, pictures, receipts, credit card statements, or anything else that supports your case.
• Talk with anyone who could be a witness and will come to the hearing with you to support your argument.
• If you have documents that you did not submit with your original case, send them to the other side and to the court at least 10 days before the hearing.
• Email your additional documents as a single PDF at least 10 days before your hearing to danielle.jackson@courts.phila.gov, jacquel.randall@courts.phila.gov and kimberly.price@courts.phila.gov.
• Learn what it is like in court and what legal words mean. Watch this short video Legal Language.

Small Claims Hearing Process

• Try to come to an agreement
• The two sides can come to an agreement before the hearing. They can use the court’s mediation program. Court mediators are trained to help reach an agreement. They are neutral and do not represent either side.
• All agreements are in writing and need to be signed by both sides. The agreements are permanent. You should not sign an agreement unless you understand it completely.
• Mediators or judges are always available.
• Have a hearing with a judge
• If you do not want to or cannot come to an agreement, the case will go to a hearing with a judge. You will probably have to come back to court on another day.
• Both sides should make sure to bring documents that support their case and copies for the other side.
• Remember that a hearing is formal:
• Be polite
• Speak to the judge and not the other side if you have questions or comments. Sometimes a judge will allow you to speak to the other side, but generally, you should speak only to the judge.
• Do not interrupt the judge or the other side. You will have the chance to explain your case.
• The court will make a decision immediately after the hearing or they will send both sides a letter with the decision after the hearing. The court will give you information about your options.

Rescheduling Your Hearing

You might need to delay your hearing if you are not able to go to court on the date it is scheduled. You might also want to delay your hearing if you are looking for legal help and need more time. If you want to reschedule your hearing you can ask the court for a continuance. You must ask the court in writing at least 10 days before the hearing.

• Write a letter to the court explaining that you’d like to request a continuance
• Send the letter to the court
• The letter must include the reason why you need to reschedule
• Include your case number if you can
• Include your phone number
• Send the letter to John J. Joyce, Deputy Court Administrator by mail, email, or fax.
• Mail the letter to 1339 Chestnut Street Room 1020, Philadelphia, PA 19107
• Email the letter to mcclaims@courts.phila.gov
• Fax the letter to 215-569-9254
• Send a copy to the other side in the case

If you do not ask to reschedule the hearing at least 10 days in advance, you must go to the hearing in person. At the hearing, you can ask to reschedule it. You must tell the other side in advance that you plan to request a continuance at the hearing.

Submitting an Appeal

Challenging the court decision

If you lost your case and you do not agree with the decision, you might want to challenge the decision. This is called an appeal. You have 30 days after the hearing to submit an appeal. Submitting an appeal stops the other side from taking your money after winning the case. The case will start over from the beginning in the Court of Common Pleas.

You can challenge the outcome of the case because you disagree with the evidence. If you want to challenge the court decision because you missed your hearing, learn more about how to respond to a Default Judgment above. If your request for a new hearing was denied you can submit an appeal. To submit an appeal, you need to:

• Fill out a Notice of Appeal Form
• Submit the form to the Court of Common Pleas
• Submit to The Prothonotary in Room 296 of City Hall
• 1400 John F Kennedy Blvd, Philadelphia, PA 19107
• They will give you a Case Management Order. This document includes important information about the appeal process, including the dates of a mandatory settlement conference and a trial.
• Tell the other side about the appeal within 20 days.
• You can use first-class mail with prepaid postage
• You must tell the other side about the appeal in a specific way. This is called Service of Process. There are rules about how you must tell the other side. Someone has to give you a copy of the Notice to Appeal to the other side in person. If the other side has a lawyer, the Notice should be given to their lawyer. If the other side does not have a lawyer, the Notice should be given to them directly. To learn more about how to tell the other side about a lawsuit or Notice of Appeal, watch this short video.
• The case will start over from the beginning in the Court of Common Pleas. We strongly recommended that you get a lawyer. The Court of Common Pleas has strict rules that you must follow for the appeal process. Lawyers can help make sure you follow the rules so that you do not automatically lose your case because of a broken rule. If you do not have a lawyer or if you cannot afford one, there may be several options available to you. Learn more about how to find legal help.

Responding to a Default Judgment

Challenging the court decision after missing a hearing

If you do not show up at your hearing, you will automatically lose your case. This can also happen if you are late. This is called a Default Judgment. If you did not know about the hearing or if you have a good reason for missing it, you can still challenge the decision and ask for a new hearing date if:

• You have a good reason for missing your hearing
• You act quickly when you find out that you missed your hearing

To challenge a default judgment:

1. Fill out the Petition to Open Default Judgment Form and explain why you missed the hearing.
2. Include your defenses and explain your side (if you are the one being sued).
3. Submit your Petition to Open Default Judgment Form with the Second Filing Unit

• 1339 Chestnut Street, 10th floor, Philadelphia, PA 19107

Contact the Second Filing Unit at 215-686-7983 or 215-686-7980 for more information.

FAQs

What is a Statement of Claim and why did I get one?

You got a Statement of Claim because someone is suing you. They sued you because they think you owe them money. The Statement of Claim says why the person thinks you owe them money. Read the Statement of Claim carefully so you understand what the other side is saying.

What is the date, time, and location of my hearing?

On the left side of the Statement of Claim under the heading “Summons to the Defendant,” you will find the date, time and location of the hearing. All hearings are in a courtroom on the 6th floor of the Widener Building, 1339 Chestnut Street, Philadelphia, PA 19107. It is important that you show up on time. If you are late, you might automatically lose the case.