A Guide to Conciliation Court (Small Claims Court)

The information contained in this document is not intended as legal advice, but as a general guide to explain the legal process. Most forms referred to in this document are available from Court Administration.

What is Conciliation Court?

Conciliation Court was created to allow citizens to bring their legal claims before the court without expensive costs, attorneys fees, or complicated legal procedures.

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 Minnesota law. Currently, the monetary jurisdictional limit is $15,000 ($4000 if the claim involves a consumer credit transaction).

You CANNOT file a claim involving title to real estate, slander, class actions, or medical malpractice in Conciliation Court.

You can reduce the amount of your claim so it can be heard in Conciliation Court. If you do reduce your claim, you will not be allowed to ask for more money later. You may not file any other claims related to the same incident. You should consider whether the defendant (the person the claim is against) will be able to pay you. Although you may win your case, Conciliation Court is not a collection agency.

Where do you file a claim in Conciliation Court?

Generally, you must file your claim in the county where the defendant (the person you are making a claim against) lives. Exceptions include bad checks issued in the county, security deposits, and rent. These are filed in the county where the check was written or rental property is located.

Secondly, you may also sue corporations in the county where their business office or branch is located.

Lastly, if you intend to make a claim against more than one party resulting from the same incident and the parties live in different counties, you may file the claim against all the parties in ANY of the counties in which the parties reside.

How do you file a claim?

If you are filing a claim, you are the plaintiff. The form for filing is available from Conciliation Court. Upon request, someone will help you complete the form. You must have the following information:

1. Your name and address, and the exact name and address of the defendant (home address if the defendant is an individual);
2. The amount of your claim, and the reason for it. Describe loss sustained, and basis for estimate of the loss. Include date any bill was incurred and date of last payment, if any payments were received. Indicate type of services / goods provided. BE AS SPECIFIC AS POSSIBLE. Interest or finance charges should be listed separately. If filing for non-payment of rent, please list the months of the unpaid rent. When filing for an auto accident, please give year and make of vehicle and the location of the accident. All details of a claim may be stated in court at the time of the trial.
3. The date your claim arose.

Sign the claim in front of a Notary Public or come to the Conciliation Court to sign the claim before a clerk (your signature must be notarized if the claim is signed outside the Court Administrator's office). Return the entire completed form with the correct filing fee.

If your claim is $2,500.00 or less, the Court Administrator's office will mail notice to you and the Defendant stating the date and time your case will be heard before the Judge. If your claim is greater than $2,500.00, you as the plaintiff are required to serve the summons by certified mail at least 10 days prior to the date of the hearing before the Judge.

IF YOU FAIL TO SERVE THE SUMMONS APPROPRIATELY, YOUR CLAIM MAY BE DISMISSED. You are also required to file the return receipt with the Court the day of the hearing. YOU MUST BRING THE RECEIPT WITH YOU TO THE HEARING, OR YOUR CLAIM MAY BE DISMISSED BY THE JUDGE.

Many cases settle when the Defendant receives a notice of the hearing. It is YOUR responsibility to inform the Court Administrator's office if you and the Defendant settle your case by signing and returning your copy of the notice of hearing.

I want to learn more!

Visit the Minnesota Judicial Branch website's Conciliation Court page. You'll find FAQs, forms, videos, and tools and resources to help you with the procedure of filing a claim.

What happens if I can't come the day of the hearing?

If you have a conflict with the court date, either send a written note or phone the Conciliation Court. The note or phone call should give the reason you can't be at the hearing, and it must be received 10 working days before the hearing. You may only ask to change your court date once.

What happens if a defendant files a counterclaim?

The Defendant may also make a claim against you. The Defendant MUST file the claim at least 5 days before the date set for the hearing (Saturdays, Sundays, and holidays not included).

The Defendant MUST also pay a filing fee. The Court Administrator will notify you if a Counterclaim is filed against you. The Counterclaim is heard by the Judge in Conciliation Court on the same date and at the same time set for your claim.

Your claim will be transferred to District Court if the Counterclaim filed 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 file the Counterclaim in District Court after giving you notice of the intent to do so, you may have your claim reinstated in Conciliation Court. You may do this any time after 30 days and before 3 years expire by filing a sworn statement or Affidavit with the Court Administrator. The Affidavit MUST say that the Defendant has not served you with a Summons in District Court.

How do you prepare for the hearing before the judge?

Although Conciliation Court hearings are informal, be adequately prepared to present your case. Conciliation Court does NOT allow attorneys to appear except by permission of the Judge. All parties and witnesses who appear will testify under oath. The witnesses should be present and ready to testify. If a witness is reluctant to appear and testify, you may obtain a SUBPOENA to compel them to appear. You can obtain a Subpoena from the Court Administrator's office by paying a fee for each name. You should be aware that written statements and Affidavits of persons not present in Court have very little value.

You should also bring to Court all other evidence such as receipts, repair bills, estimates and other items, which help prove your claim. You can obtain 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 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. Important facts on a claim are frequently forgotten.

What happens if you don't appear for the hearing?

All parties should appear. If you do not appear for the hearing, the Judge may dismiss your claim or award a default judgment against you. This may happen even if you originally brought the claim. If the Defendant does not appear, the Judge may award a default judgment in your favor.

What happens after the hearing?

The Judge usually does not rule or reach a decision on your claim at the time of the hearing. The Court Administrator's office will mail notice of the Judge's decision to all the parties. The judgment will not become effective until 20 days after mailing the notice. This 20-day period allows any party to appeal or make a motion to vacate the judgment. The Judge may vacate the judgment and order a new hearing if a party that did not appear has a good reason for not appearing at the time of the hearing. Before granting a new hearing, the Judge may require the party who did not appear to pay costs to the other party in the amount of up to $50.00.

How do you appeal a Conciliation Court judgment?

Appeal procedures are more complex that Conciliation Court rules. Although it is not required, it is suggested that the appealing party be represented 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 Administrator's office.

Your case may be appealed or removed to the District Court if either party is dissatisfied with the Conciliation Court judgment. To initiate the appeal, you are required to file a DEMAND FOR REMOVAL, an AFFIDAVIT OF GOOD FAITH, and an AFFIDAVIT OF SERVICE with the Court Administrator within 20 days of the date the judgment was mailed. You must also pay an additional filing fee. Rules of Civil Procedure apply to cases removed or appealed to District Court where proceedings are more formal.

What happens upon an appeal?

Filing an appeal means a completely new trial will take place. You may file a JURY TRIAL DEMAND if you wish the appeal to 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 file an appeal and do not win, you will pay the other party $50.00 as costs.

You will NOT have to pay the other party $50.00 if:

1. You win your case in District Court and get either 50% of what you asked for, or more than $500.00 in money or goods.
2. The other party wins some amount in Conciliation Court but nothing in District Court.
3. You win at least $500.00 in money or goods or 50% more in District Court than you received in Conciliation Court.
4. The other party has the amount won from you in Conciliation Court reduced by at least $500.00 or 50% by the District Court.

How do you collect a Conciliation Court judgment?

Although a case was decided in your favor, it is not always easy to collect a judgment. You cannot collect assets that a person or business does not have. The collection process will be worthwhile only if you can locate collectable assets. Judgments are enforceable for 10 years.

Conciliation Court is not a collection agency and cannot assist you in locating assets. You can, however, try to collect the judgment yourself if it has not been paid by the date indicated on the judgment notice, and if an appeal has not been filed.

Here are a few tips on how you can locate the debtor and/or their assets:

• The county libraries have directories that may list the debtor's home address and place of employment. This information is important to your collection process.
• You may be able to locate the debtor's bank by looking at any canceled checks that you might have written to the debtor.
• You can find out whether the debtor has a motor vehicle registered under his or her name by contacting the Minnesota Motor Vehicles Records Division at 651-296-6911. This may give you the name of the lender that the debtor is doing business with.

When your judgment is final and the debtor has not paid you or the court, you may begin the collection process by following these steps:

1. Go to the Courthouse and request (or request by mail) an Affidavit of Identification, for the purpose of transcribing your judgment to District Court. Upon completion of the Affidavit, submit it along with the filing fee. The check should be made out to the "Court Administrator." Your judgment will then be transcribed to District Court.
2. Order a Writ of Execution if you know where the debtor banks or where the debtor works. If you do not know either of these, you are not ready for any Execution. The Execution must be issued to the county where the bank or employer is located. The Court Administrator's office will mail the Execution to you and you are to take it to the Sheriff of that county for service. The sheriff will charge a fee.

3. If you do not know where the debtor works or banks, you may file a Request For Order For Disclosure. There is a filing fee. This office will then issue an Order For Disclosure and mail it to the debtor along with a Financial Disclosure Form. The debtor is allowed ten days to complete this form and forward it to you. It is your responsibility to supply the court with a current address for the debtor. If a completed Financial Disclosure Form is received from the debtor, you can then decide what options are available for collection.

   If no answer is received, you can complete an Affidavit In Support Of An Order To Show Cause, and schedule a court hearing before a judge. When the hearing is scheduled, this office will then prepare papers entitled Order To Show Cause. It is your responsibility to have the debtor served with the order. This order can be served by the sheriff or any party who has no financial interest in the judgment. It must be served on the debtor personally. IT CANNOT BE LEFT AT HIS OR HER RESIDENCE WITH ANYONE ELSE.

   By this order, the debtor as well as the creditor must appear at the court hearing. At the hearing, the debtor will be instructed to complete the Financial Disclosure Form or give the judge a valid reason for not doing so. If the debtor fails to appear at this hearing, the judge may issue an order for a Writ of Attachment. This is a warrant for the arrest of the individual for civil contempt of court.

4. If the judgment is paid in full by the debtor, it is your obligation to provide the debtor with a Satisfaction Of Judgment (MSA 548.15). This form can be obtained through this office, or at any legal stationery store. It is then the responsibility of the creditor to file the Satisfaction of Judgment with the court and pay the filing fee.

   If the judgment is for property damage sustained in an auto accident with an uninsured driver, you may wish to ask the Commissioner of Public Safety to suspend the driving privilege of the driver. Court Administration staff can help you do this 30 days after your judgment becomes final. There is a fee for a certified copy to be sent to the Department of Public Safety.

   If the sheriff or attorney is unable to collect, or if you have determined that there are no assets on which you can collect, it does not mean you will never collect your judgment. A judgment is valid for 10 years, and may be executed on at any time during those 10 years. This is important because the debtor may, at some future time, have collectable assets. The fact that an unpaid judgment may affect the debtor's credit rating could result in voluntary payment at a later time. Keep the Court informed in writing of any address changes.