PRINTER'S NO. 786
No. 727 Session of 1987
INTRODUCED BY RICHARDSON, R. C. WRIGHT, PRESTON AND PISTELLA,
MARCH 9, 1987
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 9, 1987
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, prohibiting defendants in
3 small claims cases from countersuing for the purpose of
4 forcing the case into a higher court.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 42 of the Pennsylvania Consolidated
8 Statutes is amended by adding a section to read:
9 § 7104. Limitation on certain countersuits.
10 No defendant in a civil action filed in a court of the minor
11 judiciary shall be permitted to file a countersuit against the
12 plaintiff in an amount which would force the case to be
13 transferred to a higher court. The district justice or judge
14 shall have jurisdiction to decide whether or not the countersuit
15 would have that effect.
16 Section 2. This act shall apply to original actions filed on
17 or after the effective date of this act.
18 Section 3. This act shall take effect in 60 days.
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