How to file a small claims case in Berks County

To sue someone for up to $12,000 in Berks County, you file a civil complaint at the magisterial district court that covers where the person you are suing lives or where the dispute happened. You do not need a lawyer, the filing fee runs from $68.50 to $171 through the end of 2026 depending on how much you claim, and a judge hears the case in person, usually within two months.

A magisterial district court is the local court that handles small civil disputes, landlord-tenant cases, traffic tickets, and the first stage of criminal cases. People often call it small claims court or district court. Judges there are called magisterial district judges. Berks County has 17 magisterial district judges plus two centralized courts in Reading.

What you can sue for

Small claims is for money you say someone owes you: an unpaid loan, a security deposit a landlord kept, a bad repair job, damage to your car or property, or a bill a customer never paid. The limit is $12,000, not counting interest and court costs. If your claim is worth more than that, you can give up the excess and sue for $12,000 in the district court, or file in the Berks County Court of Common Pleas instead, which is a more formal process that usually needs a lawyer. If you give up the excess and the other side appeals, state law restores your full claim automatically.

You cannot use small claims to force someone to do something or to undo a contract. The court awards money, nothing else.

Which Berks County court to file in

Under the state court rules you file where the defendant, the person you are suing, can be served, or in the district where the deal or the damage happened. Each of the 17 magisterial districts covers a set of townships and boroughs, so the first step is finding the right one.

1. Go to the county's Magisterial District Judges page and open the County Map or, for a city address, the City Map. The maps show which district covers each part of Berks County.
2. Use the Magisterial District Court Search Listing to get that court's address, phone number, and judge.
3. If you are unsure which district an address falls in, call the county's Special Courts Administration at 610-478-6456 before you file. If you file in the wrong district, the rules say the case is not dismissed but may be transferred to the right court, with no second filing fee, which still costs you time.

Step by step, filing to hearing

1. Before you file, consider sending the other side a short letter stating what they owe and giving them a deadline to pay. It is not required, but it sometimes settles the matter and it shows the judge you tried.
2. Get the complaint form. The statewide form is the Civil Complaint (form AOPC 308A). You can pick it up at any magisterial district court office or download it from the Pennsylvania courts' forms page, under the forms for the public. The court's instructions say the form may not be changed in content or format and needs one copy with an original signature.
3. Fill in the full names and addresses of everyone involved, the exact dollar amount you are claiming, and a few plain sentences explaining why you are owed the money.
4. File the complaint in person at the right district court and pay the filing fee. The office gives your case a docket number and sets a hearing date.
5. The court, not you, serves the complaint on the defendant, by certified mail if you choose that option or by a constable or sheriff in person, at least 10 days before the hearing. You pay the cost of service up front.
6. Gather your proof: contracts, receipts, texts or emails, photos, estimates, canceled checks, and the names of any witnesses. Bring copies for the judge and for the other side.
7. Show up for the hearing. If you filed the case and do not appear, the judge can rule against you if the defendant has filed a notice of intent to defend, or continue the case to a new date if not.

What it costs

The filing fee depends on how much money you are suing for. The magisterial district court cost for a civil complaint is set by state law and adjusted for inflation. Through December 31, 2026:

• $68.50 for claims of $500 or less
• $91.00 for claims over $500 up to $2,000
• $114.00 for claims over $2,000 up to $4,000
• $171.00 for claims from $4,001 up to $12,000

A new schedule published in the Pennsylvania Bulletin on October 10, 2026, takes effect January 1, 2027: $70 for claims of $500 or less, $93.50 up to $2,000, $117 up to $4,000, and $175 from $4,001 to $12,000. The request for an order of execution rises from $51.50 to $52.50 on the same date.

On top of the filing fee you pay the cost of serving the defendant, plus postage. If you win, the judge adds your filing and service costs to what the other side owes you, so you can get that money back. If you cannot afford the fees, ask the court office for the application to waive fees and costs because of low income.

The hearing and the decision

The hearing is set for no sooner than 12 days and no later than 60 days after you file. It is held at the office of the magisterial district court that took your case, not in a Court of Common Pleas courtroom; most district courts sit in the communities they serve, and two of Reading's are at 633 Court Street. The hearing is short and informal. There is no jury. You tell your side first and show your evidence, then the defendant responds, and each side can question the other's witnesses. A defendant who wants to sue you back in the same case must file that counterclaim at least five days before the hearing.

The judge may announce a decision on the spot or mail it to both sides within five days. If the judge rules for you, that ruling is called a judgment. Winning does not mean the court hands you a check. Collecting is a separate step.

If you win: collecting your money

The defendant has 30 days to pay or to appeal. If they do neither, you can ask the court to help you collect by filing a request for an order of execution, which costs $51.50 ($52.50 starting in 2027). That directs a constable to collect the judgment, which can include seizing and selling the person's personal property. You must make the request within five years of the judgment, or the court marks it expired. To put a lien on real estate the person owns, you ask the district court for a certified copy of the judgment and enter it with the Berks County Prothonotary at the main courthouse, which charges $60 to record a magisterial district judgment. Pennsylvania does not allow wage garnishment for most ordinary debts, so plan on property or bank collection instead.

If you lose, or the other side appeals

Either side can appeal a magisterial district court money judgment to the Berks County Court of Common Pleas within 30 days of the decision. You appeal by filing a notice of appeal (statewide form AOPC 312A) with a copy of the district court's notice of judgment at the Prothonotary's office, Berks County Courthouse, 2nd floor, 633 Court Street, Reading, open weekdays 8 a.m. to 4 p.m. The Prothonotary's fee for a magisterial district judge appeal is $225, under its fee bill effective September 28, 2026; checks go to "Prothonotary of Berks County," and card payments carry a processing fee of 3 percent or $1, whichever is more. A late appeal is refused unless a judge allows it for good cause. An appeal is not a review of the district judge's decision. It starts the case over from scratch in the higher court, where the rules are more formal and most people hire a lawyer. One exception to the 30 days: an appeal of a judgment for possession of a home in a residential landlord-tenant case must be filed within 10 days, unless the tenant is a victim of domestic violence.

Where to go and who to call

Find and contact your specific court through the county's magisterial district pages. For questions about which district covers an address or how the courts are organized, reach the county's Special Courts Administration:

Special Courts Administration, Berks County Courthouse, 1st Floor, 633 Court Street, Reading, PA 19601. Phone 610-478-6456, Monday through Friday, 8:00 a.m. to 4:30 p.m.

The magisterial district courts are part of the county court system. For how the courts sit alongside the county's other offices, see how Berks County government works. If a judgment goes unpaid and property is sold to satisfy a debt, that can run through the Berks County sheriff sale. If you are called to serve on a case rather than file one, see our guide to jury duty in Berks County. Appeals and judgments entered at the Prothonotary become part of the civil docket, which moved to a new online system, CourtPro, in the fall of 2026; see our guide to searching Berks County court records.

FAQ

How much does it cost to file a small claims case in Berks County?

Through the end of 2026, the state-set filing fee is $68.50 for claims of $500 or less, $91 for claims up to $2,000, $114 for claims up to $4,000, and $171 for claims up to the $12,000 limit. From January 1, 2027, those fees become $70, $93.50, $117, and $175. You also pay the cost of serving the defendant, and both amounts are added to your judgment if you win.

What is the most you can sue for in a Pennsylvania magisterial district court?

The limit is $12,000, not counting court costs and interest. If your claim is larger, you can either give up the excess and file in the district court, or file in the Court of Common Pleas, which is more formal and usually needs a lawyer.

Do I need a lawyer for small claims court?

No. Magisterial district courts are built for people to represent themselves, and most parties do. You can bring a lawyer if you want one. A business or corporation may be represented by an officer, or by an employee or agent who has personal knowledge of the dispute and written authorization from an officer, which must be filed with the court.

How long does a small claims case take?

The hearing is scheduled between 12 and 60 days after you file, so most cases are heard within two months. If either side appeals to the Court of Common Pleas, the case starts over there and can take much longer.

What if the person does not pay after I win?

They have 30 days to pay or appeal. After that, you can file a request for an order of execution so a constable can collect, or enter the judgment at the courthouse to place a lien on real estate. Collecting is the plaintiff's responsibility, and the court will not do it automatically.