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Magisterial District Judge Court - Defense

Authored By: Northwestern Legal Services
Contents

Questions and Answers When Defending An Action in Magisterial District Judge Court

Northwestern Legal Services logoA landlord who wants to evict a tenant who has not moved in response to the landlord's demand, must file a lawsuit, called a "Landlord/Tenant Complaint". The Complaint, and a notice scheduling a hearing on the Complaint, will be given to the tenant by the constable or sheriff's deputy in person, or by posting on the tenant's door. A copy of the Landlord/Tenant Complaint will also be sent to the tenant by regular mail.

A person sued by someone who does not want to evict them will get a "Civil Complaint" instead of a "Landlord/Tenant Complaint."
 

What is a Magisterial District Judge?

A Magisterial District Judge is a locally elected official who decides civil lawsuits including landlord/tenant matters. The Magisterial District Judge used to be called a District Justice and before that a Justice of the Peace.
 

Do I Need an Attorney to Defend Myself?

No. The system is designed to work without attorneys.
 

Should I Attend the Hearing?

Yes, especially if you have a defense or a counterclaim to a landlord/tenant complaint. Even if you do not have a defense to what the Complaint says, you should still go to the hearing, because the person suing you might try to get the Magisterial District Judge to enter a larger judgment against you than what is asked for in the Complaint. If there is a problem with the date the hearing is scheduled, you may ask the Magisterial District Judge to reschedule it - called a continuance. However, the Magisterial District Judge does not have to grant your request.
 

What is a Defense?

A defense is your argument about why the landlord should not be allowed to evict you or why you should not have to pay the amount of money the landlord or other party suing you claims you owe him or her. The Magisterial District Judge can hear a defense at the landlord/tenant hearing without the tenant filing papers in response to the complaint. Some common defenses are that the landlord did not give a proper eviction notice, that the landlord violated the warranty of habitability, or that the amount of rent the landlord is requesting is too high.

NOTE: If the complaint filed against you is called a Civil Complaint, not a Landlord/Tenant Complaint, you must, verbally or in writing, notify the Magisterial District Judge as soon as you receie the complaint but at least five days before the hearing date.
 

What is a Counterclaim?

If you have a claim against the landlord or other party who sued you, you may file a counterclaim at the Magisterial District Judge's office. To file a counterclaim, go to the Magisterial District Judge's office with a copy of the Landlord/Tenant or Civil Complaint and tell the clerk you want to file a counterclaim to that Complaint. (A counterclaim to a Civil Complaint must be filed at least 5 days before the hearing.)

The Magisterial District Judge will provide a Civil Complaint form for you to fill out and return to the clerk (see sample). There is no fee for filing a counterclaim. The Magisterial District Judge will mail the counterclaim to the party who sued you and consider both the original complaint and the counterclaim at the hearing. A common counterclaim is that the tenant made significant improvements to the property and that the landlord should repay the tenant for them.
 

How Should I Prepare My Case?

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

What Happens at the Hearing?

At the hearing, the person who sued you is allowed to testify first. He or she can testify and also have witnesses testify. After the party who sued you and their witnesses testify, the Magisterial District Judge will give you a chance to ask questions of those persons. You and your witnesses will then have a chance to testify. After you and each of your witnesses testifies, the other party may question you and your witnesses.

The Magisterial District Judge may ask questions of the witnesses or you and the party who sued you at anytime. It is important not to interrupt the Magisterial District Judge or a witness unless you are making a legal objection to the testimony being presented. Remember, all testimony is under oath so it is important that you tell the Magisterial District Judge the truth to the best of your ability.
 

May I Bring Documents?

Yes, you can bring any documents that help prove your case. Any document important for the case must be presented at the hearing. The Magisterial District Judge will not give you a chance to go home and get any documents you forget to bring to the hearing. The Magisterial District Judge cannot consider written statements from people who do not come to the hearing to testify if the other party objects. However, the Magisterial District Judge can consider a bill, estimate, receipt, canceled check or bank statement if it helps prove your defense or counterclaim.
 

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 Magisterial District Judge. A subpoena requires a witness to come to the hearing even if he or she does not want to come. If you request it in the subpoena, the witness can also be required to bring documents needed to prove your defense or counterclaim. This is important, for example, if you subpoena someone who made a record of an inspection of your home such as a municipal housing inspector or gas company repair person. You should obtain and serve subpoenas as soon as possible after you receive the Landlord/Tenant or Civil Complaint 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 they arrested your father fifteen years ago for drunk driving. That is not relevant to an eviction proceeding.
     
  2. You can also object to hearsay. Example: The landlord testifies that your neighbor said to the landlord he saw your son breaking a window. A witness can only testify to what he or she actually saw, not what someone else said they saw.

You must make your objection at the time the witness is giving testimony that is not relevant or is hearsay. To object, interrupt the witness' testimony by stating: "I object because the testimony of the witness is (hearsay) (not relevant)."
 

When Will the Magisterial District Judge Decide?

After all the testimony and evidence is presented, the Magisterial District Justice will decide the case. The District Justice Judge may issue a decision in court after taking all evidence. If not, the Magisterial District Judge must make a decision within three (3) days of a Landlord/Tenant hearing, and five (5) days of a Civil hearing. The Magisterial District Judge will send a copy of the decision, or judgment, to you in the mail.

The judgment on a Landlord/Tenant Complaint must include separate amounts for the following:

  1. the rent due;
  2. the amount of damages;
  3. the court costs due;
  4. the amount awarded to you on any counterclaim you filed (this will reduce the amount of the judgment obtained by the landlord);
  5. the amount of your normal monthly rent.

If judgment for possession of your home is granted, a checkbox next to the words "possession granted" or "possession granted if money judgment is not satisfied by time of eviction," will be filled in.
 

What If I Do Not Agree With the District Justice's Decision?

You have the right to appeal a judgment entered against you. You file your appeal with the Prothonotary at the County Courthouse. Bring a copy of the judgment with you to the Prothonotary. There you will complete a form called a Notice of Appeal.

  • If you file an appeal from a Judgment for Possession AND want to stay in your home until the appeal is decided, you MUST file your appeal within 10 days of the date the Magisterial District Judge entered the judgment.

    If you owe rent at the time you filed your appeal, you must  POST A BOND in the amount of rent stated on the Notice of Judgment the Magisterial District Judge said you owe or three months rent, whichever is less. However, if you have very low income, you may only have to pay a third of your usual monthly rent as a bond when you file your appeal.

    Contact Northwestern Legal Services or your local legal services program right away after the hearing for help in pursuing your appeal if you want to stay in possession of your home during the appeal-especially if you want to waive a bond requirement.
     
  • If you do not want to appeal a Judgment for Possession, but only how much money the judgment says you have to pay, you have 30 days from the date of the judgment to appeal. No bond is required to appeal a money judgment. The judgment date is either the day of the hearing or, if it is a written decision, the date on the written decision.

    Again, contact Northwestern Legal Services or the legal services program in your county for help with the appeal forms.
     

What Happens if There is No Appeal?

If the Magisterial District Judge grants a Judgment for Possession the landlord must wait 10 days and then request a document called an Order for Possession from the Magisterial District Judge. A constable or sheriff's deputy will serve the Order for Possession on you which gives you an additional 10 days to vacate the premises. If you don't move within 10 days after you receive the Order for Possession, the constable or sheriff's deputy will physically remove you from the property.

If the Magisterial District Judge grants a money judgment, you have 30 days to pay the judgment. If you do not pay it, the party who sued you can then go to the Magisterial District Judge and request the issuance of a document called an Order for Execution. A constable or sheriff's deputy will serve the Order for Execution on you. At the time the Order for Execution is given to you, the constable or sheriff's deputy will make a list of property he or she will sell to pay off the judgment against you. This list is called a levy.

Call Northwestern Legal Services or the legal services program in your county right away for more help if a levy is put on your property. If you do nothing, your property will be sold several weeks after the levy is made at a constable or sheriff's sale, unless it is worth less than $300 or $600 if you are married, and you and your spouse were both sued.
 


We have attempted to insure the accuracy of the information in this pamphlet at the time it was created or revised. However, the law does change, sometimes quickly and unexpectedly. Therefore, you should consult an attorney before taking or refraining from any action based on the information in this pamphlet.

 

Sample Civil Complaint/Counterclaim [PDF]

Last Review and Update: Jul 31, 2008