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Default Cases (Administrative)
Some civil lawsuits started in Minnesota District Courts end up in "default" and can be processed by the court "administratively," i.e., without a judge. A case ends up in default as described in MN Rule of Civil Procedure 55.
A civil case in default may be processed administratively only if the following requirements are met:
- the defendant(s) were served a Summons and Complaint;
- the time for defendant(s) to answer has passed;
- plaintiff(s) received no response from defendant(s); and
- the case type is the kind that may be processed administratively.
Case Types that may be processed administratively:
Confession of judgment
Contract for deed
Goods sold and services rendered
Loan agreements in default
Past due unpaid rent or lease agreements
Promissory notes (need original note)
Recovery of NSF (non-sufficient funds) checks
Unpaid taxes to State of Minnesota
Case types that cannot be finished by administrative processing will be randomly assigned to a judge. If a case is assigned to a judge, the court will send a Notice of Judicial Assignment to all parties.
||Case Types that may NOT be processed administratively:
Conversion of Funds
Fraud or misrepresentation
Replevin-return of property
Unspecified dollar amounts
Wages, salary and commission
What to File for Administrative Process of Judgment in Default
To ask that a judgment entered by default on an administrative basis, the following documents must be filed with the court along with the required filing fees:
After these documents are filed, the court clerk will review the court file for documentation that supports the judgment amount requested, and for documentation that supports any requested attorney’s fees. If additional documentation or information is required, the court will notify the party who asked to finish the case by administrative default. Once everything is submitted and reviewed, judgment can be entered administratively, and the court will send a Notice of Entry and/or Docketing of Judgment to the parties.
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