SUING IN DISTRICT JUSTICE COURT

SUING IN DISTRICT JUSTICE COURT


A tenant may sue the landlord in District Justice Court. The most common reasons for tenants to sue are that the landlord did not return a security deposit or refused to return personal property after the tenant moved. There are other reasons why a tenant may decide to sue a landlord, such as when the landlord has breached the warranty of habitability.

WHAT IS A DISTRICT JUSTICE?

A District Justice is a locally elected official who decides civil lawsuits including landlord/tenant
matters. The District Justice used to be called a Magistrate or a Justice of the Peace.

DO I NEED AN ATTORNEY?

No. The system is designed to work without attorneys.

HOW MUCH CAN I SUE FOR?

The District Justices hear civil cases in which there is $8,000.00 or less at issue.

WHERE SHOULD I FILE A DISTRICT JUSTICE ACTION?

You can bring the case in the district in which the party you are suing lives or regularly conducts
business. Usually, this will be near where you live. This is not always the case. There are special
rules for where the case must be filed if the defendant is an incorporated business or a government party.

The District Justice will have a copy of the rules. You should ask to see them and read them if you are unsure where to file.

HOW MUCH IS THE FILING FEE?

There is a filing fee of $35 to $60 to start the suit. The exact amount depends on the amounts for which you sue. If you are successful, the party you sue will pay the cost.

MAY THE FILING FEE BE WAIVED?

Yes, you would need to file a petition to proceed in forma pauperis (IFP). In forma pauperis simply means that you cannot pay the cost of filing the action.


There are forms available at the District Justice's office. The form requests information about your family size, income and expenses. The District Justice will decide based on the petition whether the fee should be waived within 5 days of filing the petition.

WHAT DO I FILE?

The paper you file to start the case is called a complaint. The District Justice will provide you with a form complaint. Write the names and addresses of the parties, how much money is at issue,and the dates of the agreement on the complaint. Describe the transaction or negligent conduct at issue. Also write a short statement of the facts that support your claim. This means write in detail the reason(s) why you are suing. For example:
"My landlord breached the warranty of habitability. The furnace in the building
broke down. I had to pay to get it fixed because the landlord would not fix it. The
defendant/landlord may file a counter suit against you. This does happen on many occasions
and it is something to consider when you are trying to settle your case without going to court.

HOW DOES THE DEFENDANT FIND OUT ABOUT THE LAWSUIT?

After you file the complaint, the District Justice's office will serve it on the defendant, either
personally or by mail. Because you pay for service, you might want to ask that it be done by mail because it is much cheaper (though service may not be as fast).

WHEN WILL THE HEARING BE SET?
The District Justice will set a date for the hearing and send a written notice of the date to you and to the defendant. The hearing must be set for not less than 12 days after and not more than 60 days after the complaint is filed. You have a right to ask that the hearing be postponed; however, there is no guarantee that your request will be granted. You should not assume that it will be. You should be ready to proceed on the date set by the District Justice.

WHAT HAPPENS AT THE HEARING?
At the hearing, you will be the first person to present your side of the story. All your witnesses, if any, will also testify for your side. The landlord may ask you or your witnesses questions. Then the landlord and his/her witnesses will testify. You have the right to ask them questions as well. The District Justice may also ask questions of all the witnesses at any time.

MAY I BRING DOCUMENTS?

Yes, you should bring any documents that help prove your case. Any document important for the case must be presented at the hearing. The District Justice will only consider documents presented at the hearing. Remember, most times written statements from people who do not come to the hearing to testify will not be considered by the District Justice, but the District Justice will consider a bill, estimate, or receipt (for example, a bill from a plumber or an estimate from the exterminator).

WHAT IF SOMEONE I WANT TO BE A WITNESS DOES NOT WANT TO COME TO THE HEARING?

You have the right to get subpoenas from the District Justice. A subpoena requires a witness to
come to the hearing even if he/she does not want to come. The subpoena also can require the
witness to bring documents needed to help you prove the case. Subpoenas should be obtained
and served as soon as possible to be sure that the witnesses get them in time for the hearing.

MAY I OBJECT TO SOMETHING A WITNESS IS SAYING?

Yes. The most common objections are relevancy and hearsay.
1. You can object to a statement that does not have anything to do with the case and is,
therefore, not relevant. Example: The landlord testifies that your father was arrested
fifteen years ago for drunk driving. That is not relevant to the landlord/tenant issue.
2. You can also object to hearsay. Example: A witness testifies that Joe Smith said that
his wife saw your son breaking a window. A witness can only testify to what he/she
actually saw, not what someone else said they saw.

HOW SHOULD I PREPARE FOR MY CASE?

Presenting the case is a matter of common sense. You should make a written outline or check
sheet to use at the hearing. You want to be sure to ask all the questions and present all the
evidence you want the court to consider.

WHEN WILL THE DISTRICT JUSTICE MAKE A DECISION?

After all the testimony, the District Justice will decide the case. The District Justice may decide right in court after all the evidence is taken. If not, the District Justice must decide within 5 days and send a copy of the decision to each party.

WHAT IF I DO NOT AGREE WITH THE DISTRICT JUSTICE'S DECISION?

You have the right to appeal a decision you do not agree with. You should consult an attorney about appealing. The appeal must be filed within 30 days of the decision. The decision date is either the day of the hearing or, if it is a written decision, the date on the written decision.

WHAT IF NO APPEAL IS FILED?
If the District Justice grants a money judgment, and if the defendant does not pay you that amount, you can go to the District Justice after thirty days and request an order for execution. The sheriff or constable will serve the order for execution and levy on the personal property of the person who owes the money. That means that the personal property is listed to be sold at a sheriff's sale, and that the proceeds will be paid to you.