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1. What is conciliation court?

Minnesota Law created the Conciliation Court, also called Small Claims Court. This court allows citizens to bring their legal claims to court without expensive costs or complicated legal procedures.

2. Do you have a claim to file in conciliation court?

The Conciliation Court can accept claims for filing that are below the limit set by law. The current limit established by law is $15,000. You cannot file a claim involving title to real estate in the court.

The court cannot accept for filing a claim that exceeds the limit set by law. If you reduce your claim to the limit of conciliation court, you cannot claim more later. This rule may apply to any other claims related to the same incident. Obtaining a judgment in conciliation court may prevent you from bringing any other claims based on the same transaction or occurrence.

There is a non-refundable $78 fee to file your claim. You should consider whether the person the claim is against (the defendant) will be able to pay you the judgment you may be granted.

3. Where do you file a claim in conciliation court?

You must file your claim in the county where the person against whom you are making a claim (the defendant) lives. Both parties must be at least 18 years of age. You may; however, seek recovery for dishonored checks (non-sufficient funds - NSF only) in the county where the check was issued. You may make a claim for a security deposit on rental property in the county where the rental property is located. You may sue corporations in the county where the business office or branch office is located.

4. How do you file a claim in conciliation court?

If you are filing a claim, you are the plaintiff in the action. You should contact the Court Administrator’s Office in the county courthouse where you are filing the claim. The Conciliation Court form for filing your claim is available from any Court Administrator’s Office. Upon request, a person from that office will help you complete the form. You must have the following information:

• Your name and address.
  
• The name and address of the Defendant (home address if the defendant is an individual)
  
• The amount of the claim
  
• Reason for the claim
  
• Date your claim arose

The claim must be verified by you. You will also pay the filing fee which is set by the courts. If you win your case, the court may order the defendant to pay these fees to you.

All parties to the action must receive notice stating the date and time the case will be heard. While many cases are heard in court, many cases settle when the defendant receives notice of the hearing. It is your responsibility to tell the Court Administrator, by written notice, if you and the defendant settle your case.

5. What happens if a defendant files a counterclaim (claim against you)?

The defendant may also make a claim against you. The defendant must file the claim at least five working days before the date set for a hearing (Saturday, Sunday, and holidays not included).

The defendant must also pay a filing fee set by the courts. You will receive notice if a counterclaim is filed. The counterclaim is heard by the court at the same time set for your claim.

Your claim will be transferred to district court if the counterclaim against you is above the legal limit for conciliation court. The Court Administrator will notify you if the transfer is necessary. If the defendant fails to commence the counterclaim in district court after giving notice of intent to do that, you may have your claim reinstated in conciliation court. You may do this anytime after 30 days and before three years expire by filing an affidavit with the Court Administrator. The affidavit must say that the defendant has not served you with a summons to district court.

6. How do you prepare for the hearings?

Although Conciliation Court hearings are informal, be adequately prepared to present your case. All parties are allowed to be represented by an attorney. All parties and witnesses who appear will testify under oath. The witnesses should be present and ready to testify. Be advised that written statements and affidavits of persons not present in court have very little value.

If a witness is reluctant to appear, you may get a subpoena to compel them to appear. You can get a subpoena from the Court Administrator by paying a fee determined by the courts for each witness being subpoenaed. You can also get a subpoena for documents which relate to your claim which the defendant or some other person has, but is unwilling to give you.

You should also bring to court all other evidence, such as receipts, repair bills, estimates, and other items which help prove your claim. You should prepare a list of facts you wish to present before you go to court. Organize your presentation to make it as clear and complete as possible.

7. What happens if you do not appear for the hearing?

The court usually does not rule on your claim at the time of the hearing. The Court Administrator will mail notice of the court's decision to all parties. The judgment will not become effective until 23 days after mailing the notice. This 23 day period allows either party to appeal or request an appearance if they were not at the hearing. The court may vacate the judgment and order a new hearing if a party that did not appear has 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.

8. How do you appeal a judgment of the conciliation court?

Appeal procedures are more complex than Conciliation Court rules. Although it is not required, it is suggested that the appealing party be represented by an attorney. Conciliation Court removal by a corporation MUST be prepared by an attorney. Court Administration staff are not attorneys and cannot practice law. Therefore, they cannot assist you in preparing your appeal. However, forms are available at the Court Administrators Office.

Your case may be appealed (removed) to the District Court if either you or the defendant are dissatisfied with the Conciliation Court judgment and all parties appeared at the Conciliation Court hearing. To do this, file a Demand for Removal, an Affidavit of Good Faith, and an Affidavit of Service with the Court Administrator within 23 days of the date the judgment was mailed. You must also pay an additional filing fee. Rules of Civil Procedure apply to cases removed to District Court where proceedings are more formal.

9. What happens upon appeal?

Filing an appeal (removal) means a completely new trial will take place. You may file a Jury Trial Demand if you wish the appeal be heard before a jury. Attorneys may represent both parties. Again, you should prepare to present your case, have your witnesses ready to testify, and have all your other evidence available.

If you appeal and do not win, you will pay the other party $50 for costs.

10. How do you collect a conciliation court judgment?

Even when a case is decided in your favor, it is not always easy to collect a judgment. Conciliation court is not a collection agency and cannot assist you in locating assets of the other party.

If you received a judgment and the other party (Judgment Debtor) does not appeal or voluntarily pay, you may choose to have the judgment enforced. To do this you need to file an Affidavit of Identification with the Court Administration. The court will then transcribe this judgment to district court. At that time the judgment will go against the other party’s credit rating and any of their real property. This procedure will cost an additional court determined fee; however, you may file an Affidavit of Increased Costs and that will allow you to add this amount to the judgment amount. Once the judgment is docketed to district court, it will be good for up to 10 years and is renewable.

Once you have determined what assets the debtor owns, if the debtor is employed, or where they bank, you may request a Writ of Execution. You request the writ in the county in which you want it issued. The Writ of Execution is the document which directs the sheriff to attempt to collect on your judgment. You will receive the writ in the mail with instructions to deliver it to the Sheriff’s Office. When going to the Sheriff’s Office you will need a specific list of property and / or bank accounts that belong to the Judgment Debtor or the name of the debtor’s employer. Some assets are exempt from collection by the sheriff.

You may request the court issue an Order for Disclosure if you are unable to determine what assets the debtor owns or the debtor's place of employment. The judgment must have been transcribed a minimum of 30 days before you make this request to the court. This order requires the debtor to reveal all nonexempt property and financial information to you within 10 days. If the debtor fails to respond, you may request the court to issue an Order to Show Cause. An Order to Show Cause will require the debtor to appear in court and explain why the Order for Disclosure was disobeyed.