Tag Archive | district justice

District Justice vs. Court of Common Pleas

I get asked quite often about the difference between the District Justice and the Court of Common Pleas.  The differences are many.  The most important difference is that the District Justice is an elected official.  Anyone can be a District Justice, that is, anyone who can win the election.  In most instances, District Justices ARE NOT attorneys.  There are a few who are attorneys, but I would estimate that less than 10% are attorneys.  The District Justice claim is capped at $12,000.  If your claim is over $12,000 then you must proceed to the Court of Common Pleas.  Claims at $12,000 or below may be filed in either court.  The proceedings in front of a magistrate are usually very informal.  Rules of evidence are followed, but to a lesser degree in many instances.

The Court of Common Pleas is divided into two divisions —  Arbitration and regular court.  Arbitration is mandatory for all claims that are $$25,000 or less (this number varies from County to County, but $25,000 is the norm).  At arbitration, your case is heard by three attorneys picked at random from the community who act as judge and jury.  In regular court, a Common Pleas Judge will be assigned to your case.

Posted in Other

District Justice Lawsuits

There has been a growing trend with the collection agencies towards filing their credit card lawsuits at the local magistrate or district justice.  My belief is that this is a cost savings measure on their part.  Statistics show that approximately 85% of the people who are sued by collection agencies on credit card debt do not defend themselves.  The cost savings for the collection agencies works like this:  At the DJ level, there is no hearing unless the defendant notifies the court that they intend to defend the case and would like a hearing.  In other words, if the plaintiff (collection agency) files a lawsuit at the local DJ, and the defendant fails to respond, then the DJ automatically enters judgment against the Defendant, without even having a hearing.  The plaintiff company does not need to send a representative/attorney to court in this instance.

Our best advise, obviously, is to have a consumer attorney representing your interests even at the district justice level, whether its our firm or another firm.  As we have mentioned in previous posts, collection agencies are rarely prepared to do battle at the district justice level and our chances of success are extremely high.  If you are facing a collection agency or credit card lawsuit, please contact our office at 412-823-8003 or 1-888-536-6644 for a free case review.

Posted in Collection Agencies, Lawsuits, Other


Credit Card Lawsuits

If you are faced with a credit card lawsuit, whether its an original creditor or a junk debt buyer, contact my office at 412-823-8003 right away. We offer a free, no obligation review of any credit card based lawsuit that is filed in PA.

FDCPA Attorneys

Many Debt Collectors threaten people, that's a fact. Threats of wage garnishment, jail, fraud charges and contacting employers, friends and relatives happens every day to people just like you. The truth is that most of these threats are illegal. If a debt collector is threatening you, contact our office at 412-823-8003 for a free initial consultation.