What is Conciliation Court?
The law in Minn. Stat. ch. § 491A
provides for a Conciliation Court, also called "small claims" court, as a place where people could have their cases heard without lawyers, expensive costs or complicated legal procedures.
Can your claim be heard in Conciliation Court?
You can file a claim in Conciliation Court for an amount up to $15,000.00
. (NOTE: $4,000 is the limit for consumer credit cases, and $15,000 for forfeitures.) These are limits set by law. You cannot
file a claim in Conciliation Court that involves:
- title to real estate
- class actions
- medical malpractice or
- actions against deceased people.
Court Administration will not accept a general claim over $15,000, and if you reduce your claim to the limit of Conciliation Court, you cannot claim more later through another claim if it involves the same event.
Winning a judgment in Conciliation Court does not guarantee payment
. If you win a judgment, you are responsible for collecting payment. As you try to collect the judgment, you may have out of pocket expenses for filing fees, transcription costs and other costs, which can be added to the amount you can collect.
Has the Statute of Limitations expired in your case?
A Statute of Limitations
is a law that puts a time limit on how long a person has to start a lawsuit based on a harm that happened to them. When the time is up, the person who was harmed loses the right to file a claim in court, unless there are specific legal exceptions that apply to the case. There are different statutes of limitation, and which one applies depends on the type of claim and facts of the case. If you need to know if the statute of limitations has expired in your case, talk with a lawyer to get legal advice
Where do you file a Conciliation Court claim?
The question about where to file a case involves a legal concept called jurisdiction
, or which court has the power under the law to make a decision about these parties and these facts. The law on jurisdiction in Minnesota Conciliation Court is at Minn. Stat. § 491A.01
. Court staff cannot apply the law to your case, so if you are not sure where you should file your case, we encourage you to get advice from a lawyer.
The person who starts a case in Conciliation Court is called the "plaintiff." The person against whom the claim is made is called the "defendant." Generally, the plaintiff must file the claim in the county
where the defendant lives or has a place of business, with two common exceptions:
(see Minn. Stat. § 491A.01 for other exceptions)
- If the case involves "bad checks," the claim should be filed in the District Court of the county where the checks were written.
- If the case involves a landlord-tenant dispute, the case may be filed in the District Court of the county where the rental property is located.
Corporations can be sued in the county where the business office or branch office is located (contact the MN Secretary of State
if you need more information on business locations.)
Do you have to have a lawyer?
Individual people can represent themselves in Conciliation Court and District Court, however, a business or association may be represented by a non-lawyer such as an officer or manager only in Conciliation Court
. See Minn. Stat. § 491A.02, subd.4.
If a business wants to appeal a Conciliation Court judgment to the District Court, then the law requires that the business be represented by a lawyer. See the "Advisory Committee Comment" to Rule 521 of the Gen. R. Prac. for District Courts (Tit.VI)
A corporation or LLC must be represented by an attorney in District Court
, which includes having an attorney sign court papers on behalf of the client corporation or LLC. EXCEPT:
For cases limited to the Hennepin County "Housing Court," MN Gen. Rule of Practice 603
may allow a principal (or agent) of the corporation or LLC to sign court papers or appear in court on behalf of the business entity. You should get legal advice if you have questions about this issue in your case.
How do you file a claim in Conciliation Court?
You can download the Summons and Statement of Claim form
or get one at your local courthouse
. Upon request, court administration explain how to fill out the form, but court staff cannot
tell you who to sue or how to write your claim in a way to make it more persuasive. Talk with a lawyer to get legal advice if you need help with your case.
To complete the forms, you must have the following information:
- your name and address
- The name and address of the defendant (home address if the defendant is a person; address of principal place of business if a business entity)
- the amount of your claim
- the legal reason for the claim and the date your claim occurred.
You must sign the claim and pay the filing fee
, which will vary by county and will be added to your claim. If you are low income and cannot afford the filing fee, you may be able to ask the court to waive the fee, and to do that you must fill out an Affidavit of Inability to Pay Conciliation Court Filing Fee
form and file it with the court.
After you have filed your claim, a copy of the Summons and Statement of Claim form must be "served" on the defendant(s). For cases under $2,500.00
, the Court Administrator's office will serve the claim on the defendant by first class mail stating the date and time of the hearing. You will also receive a notice from the court as to the date and time of the hearing. For claims over $2,500.00
or if service cannot be made by first class mail, the Court Administrator’s office will give you instructions on how you have to arrange for service. Many cases settle when the defendant receives notice of the hearing. It is your responsibility to tell the Court Administrator in writing
if you and the defendant settle your case.
What happens if the defendant files a counterclaim against you?
The defendant may file a "counterclaim" against you in connection with the same event for claim. The defendant must file the counterclaim at least 5 days before
the date set for a hearing.
The defendant will pay a filing fee
and the Court Administrator will notify you if a counterclaim is filed. The counterclaim will be heard at the same hearing as your claim.
If the counterclaim is for more than $15,000.00, your claim and the counterclaim must be heard in District Court, and the court will notify of this. The defendant must then serve the plaintiff with a District Court Summons and Counterclaim, and file them at the District Court. If the defendant fails to serve a Summons and Counterclaim on the plaintiff or fails to file the counterclaim in District Court after giving notice of intent to do that, the plaintiff may have his or her claim reinstated in Conciliation Court. You may do this anytime after thirty (30) days and before three (3) years expire by filing an "Affidavit" with Conciliation Court.
How do you prepare for the hearing?
Conciliation Court hearings are informal, but you must be prepared to present your case. The judge decides if the attorney can speak on behalf of a party at Conciliation Court hearings. All parties and witnesses who appear will testify under oath. The witnesses should be present and ready to testify.
If a witness does not want to appear, you can ask Court Administration for a subpoena
to compel them to appear. There is a fee for each subpoena you request. Written statements and affidavits of people who do not appear in court have very little value, and the judge may not accept them as evidence.
You should also bring all other relevant evidence
to court such as receipts, repair bills, estimates, and other items to help prove your claim. If the defendant or some other person has documents relating to your claim that they will not give to you, you can get a subpoena to require the person to give you the documents.
Before you go to court, prepare a list of facts you want to present
. Organize your presentation as clearly and completely as possible so you will not forget important facts and details. See Tips for Representing Yourself in Court
for more information.
What happens if you do not appear for the hearing?
All parties must appear at the hearing. If you are the plaintiff and you do not appear at the hearing, the judge may dismiss your claim or award a "default" judgment against you on any counterclaims. If the defendant does not appear, the judge may award a default judgment in favor of the plaintiff.
What happens after the hearing?
The court usually does not rule on a claim at the time of the hearing. The Court Administrator will mail notice of the court's decision to all parties. The judgment does not become effective until twenty (20) days
after mailing the notice. This 20 day period allows a party to appeal or bring a "Motion to Vacate" a default judgment under MN Rule of Gen. Prac. 520
. The court may vacate the judgment and order a new hearing if a party who did not appear had a good reason for not appearing. Before it grants a new hearing, the court may require the party who did not appear to pay costs to the other party.
How do you appeal a judgment of the Conciliation Court?
If both parties were at the Conciliation Court hearing, and if either party disagrees with the judgment, the case may be appealed/removed to the District Court under MN Rule of Gen. Prac. 521
. To do this, you must file a Demand for Removal
, an Affidavit of Good Faith
, and an Affidavit of Service
with the Court Administrator within twenty (20) days
of the date the judgment was mailed. The appealing party must pay an additional fee. See FORMS - Conciliation Court
The District Court is more formal than Conciliation Court and it is governed by the MN Rules of Civil Procedure
Because appeals are more complicated, you should get help from a lawyer. Court staff cannot give legal advice or help you prepare your appeal. See What Court Staff Can and Cannot Do for You
What happens on an appeal?
Filing an "appeal" (i.e., removal to District Court) involves a "do over" of the whole case, and there is a civil trial
at the District Court. A party may ask for a jury to hear the case. An additional court fee
is required for a jury trial. Both parties may be represented by attorneys.
You should prepare to present your case, have your witnesses ready to testify, and have all your other evidence available.
Read "Civil Trial: What to Expect as a Self-represented Plaintiff or Defendant"
to prepare for your trial.
If you appeal and do not win, you will pay the other party $50 as "costs." See MN Rule of Gen. Prac. 524
You will not have to pay the other party $50 if:
How do you collect money after winning a judgment?
- you win your case in District Court and get either 50% of what you asked for or more than $500 in money or goods;
- the other party wins some amount in Conciliation Court but nothing in District Court;
- you win at least $500 in money or goods or 50% more in District Court than you received in Conciliation Court;
- the other party has the amount won from you in Conciliation Court reduced by at least $500 or 50% by the District Court.
Even if you win a judgment in court, it is not always easy to collect the money. Sometimes a debtor's income or assets are "exempt" (protected) from collection under Minn. Stat. § 550.37.
The court is not a collection agency and cannot locate assets of the debtor.
When your judgment is final, the appeal time has expired, and if the judgment debtor has not paid, you can start trying to collect on the judgment. Generally, if a party wants to appeal a conciliation court judgment, they must file the appeal paperwork with court administration within 20 days of the date the Notice of Judgment was mailed from the court. If you are not sure if the appeal period is over, you may need to get legal advice from an attorney.
There are different statutes in Minnesota related to collecting judgments. The information below will explain one
common way of collecting a money judgment
, which is collecting money from the judgment debtor’s wages or bank account using the execution levy
The words “garnishment” and “levy” are often used in place of one another, but they are actually two different collection processes with different laws. For more information about the garnishment process, see Minn. Stat. chap. 571
(scroll down to §571.71-§571.932).
There may be other options available to try and collect a judgment in addition to collecting money from wages or a bank accounts. To learn more about these other options, speak with an attorney to get legal advice.
STEP 1: Docket the Judgment
After you win a judgment, you then must have the judgment "docketed.” This process is sometimes called “transcribing the judgment.” You can docket a judgment
by filing an Affidavit of Identification of Judgment Debtor
form with court administration in the county where you won your judgment.
The court also publishes a form called an Affidavit of Identification of Judgment Creditor
. This form is only needed if you are docketing a judgment in Minnesota that was awarded in another state.
STEP 2: Request an Order for Disclosure from court administration
If you already have information about where the debtor works and/or has a bank account, skip to Step 3. If you still need this information, you can file a Request for Order for Disclosure
form with the court.
After you file a Request for Order for Disclosure
, court administration will send the debtor an Order for Disclosure
and a Financial Disclosure
form. You will also get a copy of the Order for Disclosure for your records. The Order for Disclosure directs the debtor to fill out the Financial Disclosure
form and mail the completed form back to you. The debtor has 16 days from the date the Order for Disclosure was sent to the debtor to return the completed Financial Disclosure
form to you.
What if the debtor does not return the Financial Disclosure form to you?
If the debtor has not returned the Financial Disclosure
form to you within 16 days of the date it was mailed by court administration, you could file an Affidavit in Support of Order to Show Cause
. If the judge determines that a hearing is required, the judge will issue an Order to Show Cause
requiring the debtor to go to a hearing and explain why they did not return the Financial Disclosure
form to you. You will also likely need to attend the hearing
. If the debtor does not appear at the hearing, the judge may issue a bench warrant for the debtor's arrest.
What if the debtor returns the Financial Disclosure form but you do not agree with the debtor’s answers?
If you want to dispute the information listed by the debtor on the Financial Disclosure
form, you may be able to file a motion with the court and have a hearing in front of a judge on this issue. However, the MN Judicial Branch does not publish forms for this kind of motion, so you may need to get legal advice from an attorney to help you do this.
STEP 3: Send the debtor a Notice of Intent to Levy on Earnings
If you want to try to collect a judgment from the debtor’s earnings (also called “wages”) continue with this step. If you would rather try to collect from the debtor’s bank account, skip to Step 4.
If you are going to try to collect a judgment from the debtor’s earnings, you must first provide a written notice
to the debtor. This notice is called a Notice of Intent to Levy on Earnings
, and it must be hand-delivered to the debtor at least 10 days OR mailed to the debtor at least 13 days before
a Writ of Execution can be served by the sheriff (see Step 4). To see an example of the notice, visit Minn Stat. § 550.136, subd. 6.
You can also ask the county sheriff’s office whether they have created forms you can use to levy on earnings.
You do not need to wait for the 10 (or 13) days to pass before starting Step 4, but you should consider waiting for this period to pass before moving on to Step 5.
STEP 4: Request a Writ of Execution from court administration
After the judgment has been docketed and you have information about where the debtor works and/or has a bank account, you can pay a fee and ask court administration for a Writ of Execution
. This document will direct the sheriff to start an execution levy on the debtor's wages or bank account.
Generally you can request a writ of execution in person at the courthouse or by writing a letter to court administration. When you request a writ of execution, you will need to give court administration information such as: the court file number, name and address of the debtor(s), the name and address of the debtor’s employer or bank, and the name of the county the county where the debtor’s employer or bank is located. Contact court administration
in the county where you will be requesting a writ of execution to see if they will need any additional information. Writs of execution expire after 180 days. Generally, court administration can only issue one writ of execution in a county at a time.
STEP 5: Take the Writ of Execution to the sheriff’s office
Once you get the writ of execution from court administration, you must take the writ of execution to the sheriff's office it is directed to (in the county where the debtor works if you are trying to collect from their wages, or in the county where the debtor banks if you are trying to collect from their bank account).
Remember, if you are going to try to collect from the debtor’s earnings, you must provide a written notice
to the debtor first. This notice is called a Notice of Intent to Levy on Earnings
(see Step 3).
If you are going to try to collect from the debtor’s bank account, there is a different set of paperwork that the sheriff must serve on the debtor’s bank along with the writ of execution. Ask your local sheriff’s office whether they have created forms you can use for a bank levy, or see Minn. Stat. § 550.143
for more information and examples of the paperwork you will need.
STEP 6: (Optional) File an Affidavit of Increased Costs
When following the steps listed above, you will be required to pay certain fees to the court and the sheriff. It is possible to have the cost of these fees added to the amount of your judgment by filling out and filing an Affidavit of Increased Costs.
Some counties may require proof of your expenses (for example, the fee you paid to the sheriff), so it is a good idea to keep your receipts. You can file more than one Affidavit of Increased Costs
NOTE: Judgment interest
will be added to the amount of your judgment starting on the date the judgment was entered. This interest is calculated automatically by the court.