How do I file a small claims (conciliation) case in Minnesota to recover money owed?
In Minnesota, most consumer money disputes for relatively small amounts are handled in conciliation court, sometimes called the Small Claims Division for certain tax matters. The process is meant to be simple and informal: a claim is filed with the court administrator, a summons is issued, and a hearing is scheduled. The court administrator provides standardized forms and may help litigants fill them out.
Rules set how an action starts, how defendants are notified, and when a trial must be scheduled. Defendants may file counterclaims within the court's jurisdiction. Procedures differ if the claim involves taxes, seized property, or other specialized statutes listed in the rules and statutes provided by the state.
Current Minnesota law
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The deadline that matters
The court must set a trial date that is at least 14 days after mailing or service of the summons (Minn. Gen. R. Prac. 508).
What Minnesota law says
The conciliation court rules and statutes govern small claims in Minnesota. An action is commenced when a statement of claim is filed with the conciliation court administrator and fees are paid or an affidavit in lieu of fees is filed, under Minn. Gen. R. Prac. 505. The court provides uniform claim forms and the administrator must assist litigants in completing forms, under Minn. Stat. § 491A.02. When a claim is properly commenced the administrator sets a trial date and prepares a summons, and unless ordered otherwise the trial date must not be less than 14 days from mailing or service of the summons, under Minn. Gen. R. Prac. 508. The rules also allow defendants to assert counterclaims if filed at least 7 days before trial, under Minn. Gen. R. Prac. 509.
What to do
A common first step is to complete the uniform claim form and prepare an evidence checklist (the next step is to file the filled claim form and evidence checklist with the court administrator).
A common option is to file the completed claim with the conciliation court administrator and pay the required filing fee or file an affidavit in lieu of fees, under Minn. Gen. R. Prac. 505.
A common next step is to arrange proper service of the summons: if the claim exceeds $2,500, serve the defendant by certified mail and file proof of service within 60 days, per Minn. Gen. R. Prac. 508.
A common step is to prepare copies of documents and witnesses to bring to the hearing set at least 14 days after service, and to be prepared for the possibility a defendant will assert a counterclaim under Minn. Gen. R. Prac. 509.
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Common questions
What court handles small money claims in Minnesota?
Conciliation courts handle many small money claims, with simple and informal procedures and uniform claim forms provided under Minn. Stat. § 491A.02.
How soon will my hearing be scheduled?
After a properly commenced action the court administrator sets a trial date that is normally not less than 14 days from the mailing or service of the summons, under Minn. Gen. R. Prac. 508.
Can the defendant raise a counterclaim?
Yes, a defendant may assert a counterclaim within the conciliation court's jurisdiction; to be heard without special permission the counterclaim generally must be filed at least 7 days before trial, under Minn. Gen. R. Prac. 509.
Will the court administrator help me fill out forms?
Yes, the court administrator is required to explain procedures and assist litigants in filling out necessary forms under Minn. Stat. § 491A.02.
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This page provides legal information about Minnesota law, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
