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Claim and Delivery

A claim and delivery is a legal action to recover personal property which is in the possession of another party. The party who begins the action is the plaintiff. The party who has possession of the property claimed is the defendant. The claim and delivery must be filed with the court that has jurisdiction over where the property is located. You must pay a filing fee of sixty-five dollars ($65.00) when you file the action. A valid address for the party who has possession of the property must be provided to the Court at the time of filing. The jurisdictional limit of Magistrates’ Court is $7,500. If the subject property is valued at more than $7500, you will need to file your claim and delivery action in the Court of Common Pleas. If the property includes a vehicle, you must provide the vehicle identification number. Once the affidavit is filed, the court will provide you with a court date, which will be three to four weeks after the filing date. A constable will serve a copy of the affidavit along with a summons setting forth the court date on the defendant. A restraining order will be included within the summons forbidding the defendant from concealing, damaging or disposing of the subject property. If the restraining order is violated, the defendant may be held in contempt of court and punished accordingly. At the hearing, the Court will determine if the Plaintiff is entitled to the items listed in the complaint. If needed, the Court can issue an Order to pick up the items. This will cost an additional twenty ($20.00) dollars which can be paid immediately following the hearing.