Fighting Back in Small Claims Court

I am not an attorney but I do know my way around small claims court. That is knowledge worth knowing because you never know when you may have to take someone to small claims court to collect money that is owed to you.

On June 11, 2009 I took my 1976 Winter Steeler Coat to the cleaners to be cleaned. The Steelers just won the Superbowl and I wanted to sell my coat on Ebay and make some money. But the following week Model City Cleaners had a fire and I could not contact them to pickup my coat on June 18, 2009. When I finally contacted the cleaners they told me that my coat was sent to Baltimore for cleaning and because of the fire, I should contact them at the end of July. When August came, they told me that it did not come back yet and I should contact them in about two weeks. We played that same game until the end of September.

Finally I said "enough!" I took them to small claims court. Here are the steps that I took in taking Model City Cleaners to court;

1. I made a copy of my pink ticket that they had given me when I put my coat in their care. I did that so that I would have a copy of the original. Over time these receipts start to fade so making a darker copy may help your case in court down the road.

2. Since this is a business, I asked Model City Cleaners for their insurance company so that I can place a claim. If they would have given me their insurance information, I would not have to take them to court. I would just contact their insurance company and settle with them. But for some reason, they thought I was just some uneducated person off the street and would not know how to collect damages that they owed me. They refused to give me the information.

3. Usually the court where the damages occurred must hear the case so it would be wise to know the address of the business or person involved. You can find out where to go by;
A) Calling your Magistrate in your area and asking who should hear your case.
B) Call the Election Department in your county and ask for the Magistrate information for that address.
C) I used the internet and found that the Honorable Raymond F. Shugars is the Magistrate for Penbrook where Model City cleaners resides.
http://www.dauphincounty.org/court-departments/offices-departments/magisterial-district-judges/
D) I clicked on "online forms" then "Magisterial District Online Forms," next I click on "Civil Complaint Form."
http://www.dauphincounty.org/court-departments/offices-departments/magisterial-district-judges/forms/6650/data.pdf

4. I had to fill out the form as best I could. What I did not know, the clerk at the Magistrates office could help. You must know how much you are asking for in damages. In my case, I could prove that a similar coat today cost $100. I paid up front to have my coat cleaned $11.95. So I knew I was out at least $111.95. I printed out the form and took it to the Magistrates office. At the office, she wanted a Judgment Cost fee check of $87.65, made out to the Magistrates Office. This fee will come back to the Plaintiff and paid by the Defendant if the Plaintiff wins the case. The Magistrates Office scheduled the case to be heard by the Magistrate on Oct. 27, 2009. The Constable delivered a summons to Model City Cleaners.

5. I showed up with my receipt and proof of how much a similar coat would cost if I bought it today. I was ready to plead my case in front of the Magistrate. However, the Defendant did not show up. So the Magistrate entered a Judgment for me against Model City Cleaners for $199.60.


6. With this Judgment, I could collect my money by filing a Writ then Executing the Writ if I had to do so. I could go after their cash or equipment. Instead on Nov. 20, 2009, the defendant sent me a cashier’s check for $199.60.

You can follow this example to collect your money from deadbeat friends, business partners, or businesses that give you unsatisfactory service like Model City Cleaners gave me. According to the Dauphin County Pa. Website, "The Magisterial District Judge System in Pennsylvania was created under the 1968 Constitution. It is a system of minor court judges designed to hear cases involving traffic violations, minor criminal matters, disputes between landlords and tenants, and civil cases such as contract matters or injuries with damages claimed up to $8,000. The system also carries initial jurisdiction over all criminal cases, rendering decisions on the issuance of warrants, and finding sufficient justification to send misdemeanor and felony cases to the Courts of Common Pleas for further action."