Getting started: First steps in a civil lawsuit

The courts cannot resolve all disputes
 
The courts cannot resolve every type of injustice or unfairness; you must have a legal claim to be able to proceed. If you must sue someone, be objective and gather ALL of the relevant facts. Just because you think you're "right" does not mean you’re going to win in court. You have to prove your case to the judge or a jury. If you do plan to file a court case, be as prepared as possible. Get as much information as you can about where the person or entity you are going to sue (the defendant) can be contacted, and whether the defendant has money to satisfy a judgment (pay your damages and costs if s/he loses).
 
How can I get an attorney?
 
If you wish to seek legal advice or representation, you should do so promptly. As soon as you are thinking about filing a lawsuit, or as soon as you receive any paperwork indicating you are being sued, seek legal advice and give the lawyer all paperwork in question. Do not wait until the day before the hearing to seek legal advice or assistance. A number of legal services organizations may be able to help you get a lawyer at little or no charge, depending on your financial ability. More information on finding legal assistance is available on our Resources page.  Also, older individuals may find legal help in their county by contacting their local Office of Aging. Some cases arise from incidents in which insurance coverage is available (examples: car accidents, slips and falls). Did you have insurance when the event happened? If so, tell your insurance company that you have been sued. If the event was covered by insurance, check if the insurance company is going to provide a lawyer to defend the claim. Even if it is, you may still want to explore getting your own attorney.
 
Take paperwork you receive very seriously
 
Read everything you receive regarding your case thoroughly. NEVER ignore documents you receive: you must take action. For example, if you are being sued, you will have to file an Answer, a response to the Complaint, by the Court–imposed deadline to avoid a default judgment (losing due to a failure to respond or show up to court).
 
How do I know if I’m in the right court?
 

  • You can bring a case against someone in the judicial district where that individual lives or where the event, transaction, or occurrence happened.
  • There are sixty judicial districts in Pennsylvania. The judicial districts generally follow the boundaries of Pennsylvania’s sixty-seven counties, except that seven judicial districts each cover two counties. To find your judicial district, use our County Court Finder.

 
If I don’t have an attorney, what do I do to start a court case or respond to being sued?

  • Contact the local Court Clerk (or Prothonotary) for information on accessing the local rules, filing fees, procedures for service, and to find out if your court has a Pro Se Clerk to help people representing themselves. To find your County Court Information, visit our County Court Finder.
  • In some counties, filing a court case is done electronically. For example, Philadelphia uses a civil E-Filing system, where you can send and receive documents, pay filing fees, notify other parties, receive court notices, and retrieve court information. If you are filing a court case in Philadelphia, and have no access to the Internet, you can use an E-Filing Center in City Hall Room 127 for filers without access to the Internet. Computer terminals are available and paperwork can be scanned by the E-Filing Center staff. More information about E-Filing in Philadelphia can be found in this Manual or in this set of FAQs.
  • A Complaint is the beginning of a civil lawsuit. If you are suing someone, this is where you will explain what you think happened. Court papers have to be formally served (a legal form of delivery) on the opposing party, either by mail or personally. Your Clerk of Court’s office can explain to you the relevant rules and procedures and provide you with the necessary forms.
  • If you are being sued, you have to file an Answer – your initial response to the plaintiff’s allegations, in which you would admit or deny allegations made in the complaint. An Answer not only gives you an opportunity to respond to the plaintiff’s allegations and give your version of the story, but also, if applicable, allows you to present affirmative defenses (explanations meant to defeat a claim), and to offer counterclaims (claims you have against the other party).

 
Does it cost anything to file a case, and if so, how do I make payments to the court?

  • Filing a court case is not free. You have to pay filing and service fees to the court, unless you can prove that you cannot afford to do so. If because of your economic circumstances you are unable to pay filing fees and court costs, you might be permitted to have them waived in forma pauperis (a Latin expression that literally means “in the manner of a poor person”).  Information regarding filing in forma pauperis is available here.
  • The Clerk’s Office has lists documenting fees for different court filings. Check these lists to ensure that you have the proper amount and form of payment to accompany your court filings.
  • If you are a defendant, there are various payments that may need to be made depending on the type of case you are involved in. Various methods of payment are available. See, for example, Citizens' Guide to Court Procedure Making Payments to the Court (discussing a broad range of the relevant cases -- from Traffic Court cases to adult criminal cases -- including the cases that involve bail payments).

 
 Disclaimer: PMC does not provide legal advice or represent clients in court or other legal proceedings. This guide is created solely to help individuals navigate the courts. It does not serve as a substitute for legal advice and should not be interpreted as such.
 
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