Is there any difference concerning whether the landlord files in Magistrate or State Court?
Maybe. In the absence of a dispute and with rent at issue less than $15,000, there is no noticeable difference. Magistrate Court jurisdiction ends at $15,000. (Magistrate Court Jurisdiction used to be $5,000) State Court has unlimited dollar jurisdiction in civil cases. If the tenant, or landlord, suffers an adverse judgment in Magistrate Court, the tenant or landlord may seek an appeal “de novo,” to the State Court (in counties with no State Court, then to the Superior Court). The judgment in Magistrate Court is set aside and the dispossessory action begins again.
