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Question: Where do I file in small claims court?
ANSWER:
If your contract contains a (valid) arbitration clause, you may be precluded from filing suit at the state or federal court level. Otherwise, your breach of contract case can be filed in small claims court (cases under $12,000), state court (most cases), or federal court (if the case involves a federal statute or a dispute between parties from different states where the amount in question is $75,000 or greater).
If you are defending against a breach of contract, it is strongly recommended that you get an attorney. The law of contracts in Pennsylvania is very technical and a capable lawyer can find defenses that you – or the attorney filing suit against you – might not have anticipated. Likewise, venue and jurisdiction might not be proper in the case filed against you and you will save attorney fees in the long run by raising the venue or jurisdiction issues, which can be waived early in the suit if you fail to act.
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